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Subject: RE: Unregistered MudRun participant sues when paralyzed
Under Virginia law:
Simple negligence is the failure to use ordinary care. Gross negligence is action which shows indifference to others, disregarding prudence to the level that the safety of others is completely neglected. Willful and wanton negligence is acting consciously in disregard of another personís rights or acting with reckless indifference to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct would probably cause injury to another.
That is case law. In practice a test commonly applied is whether the pit was built to industry standards--which is why I asked if there was a common standard for mud runs, warrior runs, spartan race, etc. Could be relevant in this case.[/quote]
Take a look at a picture of the pit. http://www.travelblog.org/Photos/4182122
I'd day that is reckless disregard.
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