dpmrunner wrote:
Just this: if the guy is still recovering from a marathon and is still feeling the effects of it, a mud run, involving obstacles and unsure footing in places would put him at greater risk of injury.
I'm not a lawyer, however...
To me, that makes sense, but I think the thin scull rule COULD be argued, which means that it doesn't matter if there was a preexisting condition that may have contributed to the injury. But maybe not. The defendant could argue that the plaintiff was negligent in running a race knowing that he was sore or whatnot from the race and ran the race anyway. Someone can check his facebook page (of he has one) to see if he mentions feeling weird or sore.