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Woman sues over injuries suffered in obstacle race

A Quesnel woman is suing the organizers for the injuries she sustained during an obstacle race. According to a notice of claim filed this week in B.C.
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A Quesnel woman is suing the organizers for the injuries she sustained during an obstacle race.

According to a notice of claim filed this week in B.C. Supreme Court, Rachel McGowan suffered a fractured jaw and broken and missing teeth while participating in Tough Mudder Whistler in 2015.

She needed emergency medical and dental treatment followed by ongoing reconstructive and cosmetic surgeries and services estimated to cost $100,000.

It's not stated in particular how McGowan was hurt but it's alleged the injuries were the "direct result of the negligence" of the organizers.

It lists New York-based Tough Mudder LLC and Tough Mudder Inc. and B.C.-incorporated Tough Mudder Events Ltd. as defendants as well as two U.S.-based insurance companies.

This year's version of the event takes participants through more than 20 obstacles over 16 kilometres, according to its website.

In June a similar event was held in Prince George - over a muddy eight-kilometre course at Otway Nordic Centre - but under the auspices of Mudd, Sweat and Tears, based in Trail.

McGowan's notice was filed four days after a B.C. Supreme Court Justice found in favour of Whistler Mountain Resort in a lawsuit launched by a man who ended up in a wheelchair when he catapulted over the handlebars while going over a jump at its bike park.

In her ruling, Justice Neena Sharma found Whistler's warnings of risk were reasonable and that someone who signed the resort's release would understand they were waiving their right to sue.

In her claim, McGown asserts Tough Mudder should not be entitled to rely upon the waiver she signed as a defence because of "negligence and contractual breaches."

The defendants have not yet filed responses and none of the allegations have yet been tested in court.

- with files from Vancouver Sun