Woman Paralyzed in Obstacle Race Sues Race Organizers
A New Jersey woman who is now paralyzed from the neck down has filed a lawsuit against the organizers of the event where she incurred her paralyzing injuries.
Amparo Colon, 41, is a mother of four and a resident of Morris County. Approximately one year ago, on May 9, 2015, she participated in the so-called Spartan Race, held in CitiField. Spartan Races are rigorous three+ mile runs studded throughout with obstacles such as 30-foot rope climbs, mud pits, and log carries. Participants can choose to do 30 burpees rather than complete an obstacle, if they prefer. While in the midst of the race, Colon was standing before a set of monkey bars that were between seven and eight feet above the ground, and had decided to instead complete the burpee penalty. However, according to her lawsuit, a nearby volunteer “encouraged and demanded” that Colon complete the monkey bars by riding the volunteer’s shoulders. While Colon was on the man’s shoulders and tackling the bars, the volunteer lost his balance while walking on the padded ground and fell, causing Colon to fall and land on her neck. Colon was left with a fractured spine. She is currently living in a rehab facility and working diligently to regain movement, and has so far gained back some use of her left hand. Prior to her injury, Colon worked as a dental office administrator. Colon filed suit against Spartan Race, Inc., as well as race sponsors NBC Sports and Reebok, in a Brooklyn federal court on May 23, 2016.
Before being allowed to complete the race, Colon and the other participants were required to sign a release of liability. Traditionally, releases of liability are signed by participants in inherently dangerous activities who acknowledge that they understand the risks of the activity and will not hold the organizers responsible for any injuries they experience as a result of participating. However, such releases generally will not be enforced where the participant was injured from a willful, reckless, or grossly negligent act by the released party. In other words, if the organization hosting the dangerous activity, or someone representing that organization, acted in a way that was far outside the bounds of how a reasonable person would have acted in that case, then the injured person may still be able to recover money damages for their injuries. Colon’s attorney has acknowledged that Colon signed such a release before running the Spartan Race, but argues that it should not be enforced in this case. “This should’ve never happened. It’s only because a volunteer from Spartan Race provided her assistance that quite frankly she didn’t ask for,” the attorney stated.
If you or someone you love has been injured in a sporting accident in New Jersey, contact the compassionate, knowledgeable, and trial-ready Wayne personal injury attorneys at Massood Law Group for a consultation, at 973-696-1900.
