World Triathlon Corporation (WTC), North America Sports and USA Triathlon (USAT) are the subject of a lawsuit that alleges negligence in the death of Barney Rice a triathlete who died after competing in Ironman Florida on 7 November 2006.
The case will start to be heard on 6 July 2009. The lawsuit is seeking an unspecified amount of damages greater than US$75,000 (€54,500). It brings four counts of negligence, one each against each of the defendants and "any other entity whose acts or omissions caused or contributed to cause the drowning death of" Rice.
The lawsuit claims the triathlon itself was negligent in nine instances:
– failing to properly supervise, guard, monitor, or secure the swim area and swimmers, including but not limited to the decedent;
– failing to properly organise the swim competition in a reasonably safe manner;
– failing to have proper procedures or rules governing response to emergency situations, including drownings;
– failing to provide enough supervision at the swim competition event;
– allowing Rice to enter the swim without the presence of enough lifeguards or other persons trained in first aid or cardiopulmonary resuscitation for the number of participants in the triathlon;
– failing to sufficiently research the oceanic and weather conditions to ensure the conditions were safe for swimmers such as Rice;
– failing to properly provide adequate safety equipment, safety floatation equipment and life-saving equipment to aid in rescue efforts;
– failing to have a risk management programme in place; and
– failing to call off the competition when the conditions were such as to make it safe to continue.
Rice, 35, was spotted face down in the water during the second 2.4 mile swim leg of the Ford Ironman Florida 2006 triathlon. “The water was rough and there was a strong current,” Rice’s father, Pete, said at the time. “I don’t know if either element is the cause of what got Barney in trouble.”
A rescue team administered CPR at the scene. However, Rice had no pulse and was not breathing when he was taken to the medical tent. Rice was then resuscitated but remained unconscious. He underwent three cranial operations but never regained consciousness. He died on the Tuesday morning. Rice’s autopsy cited that the cause of death was accidental drowning.
In a bid to dismiss the case the defendants’ attorney, stated that event organisers cannot be charged with keeping natural bodies of water safe "because a natural body of water contains inherent natural hazards."
The defendants’ attorney also claimed that the plaintiff had not provided “ultimate facts” in order to make a case of causation. He added, “just because a tragic event has occurred does not necessarily mean that some negligent act caused it to occur.”
Ironman brand owner World Triathlon Corporation (WTC), became a defendant through its acquisition of Ironman Florida from North America Sports in January 2009.
In January, WTC acquired the US races assets of North America Sports, including Ford Ironman Coeur d’Alene, Ford Ironman USA Lake Placid, Ford Ironman Wisconsin, Ford Ironman Florida, Ford Ironman Arizona, Ironman 70.3 California and Ironman 70.3 Florida.
The case, when heard in July, will clearly centre on the cause of the tragedy and whether the organisers were negligent through an attributable negligent act.
