Races and tragedies

A 28-year old elite CrossFit athlete died during the run-swim event of the CrossFit Games in Fort Worth, Texas recently.

Lazar Dukic, a Serbian who was ranked third in his country and 88th in the world, began to struggle near the finish line of the 800-meter open water swim leg.

Spectators and other competitors saw him bobbing up and down the water, prompting some of them to alert the lifeguards on paddle boards stationed nearby.

One lifeguard went to where Dukic was seen but when he could not find him, the lifeguard simply paddled back to his station.

It was not until after the race ended and Dukic’s brother, who was also a race participant, began looking for him that a search and rescue operation was initiated.

By then it was too late.

Dukic’s body was recovered by responders some two hours later.

Just last month, a triathlete from Panabo, Davao City, also died during the swim leg of a triathlon in Bohol.

Studies show that in triathlons, two out of three of the deaths that occur happen during the swim leg.

To someone like me who is not a good swimmer, it seems to make sense.

If you cramp or get tired during a run, you simply stop. Whereas if you cramp or get tired during a swim, you die, hence, the higher mortality rate.

The reality, however, is deaths do occur during running events, too.

Last year, a trail runner died during a race in Bacnotan, La Union. He was near the finish line of a 21-kilometer race when tragedy struck.

In the swimming deaths, the causes are usually attributed to heart attacks or what some medical practitioners call swimming induced pulmonary edema. In running events, most deaths are caused by heat strokes and heart attacks.

However, despite the seemingly natural causes of most deaths, every time there is a fatality, my lawyer’s brain naturally asks, was there any negligence on the part of the race organizer?

In the aftermath of Dukic’s death, some participants were holding the CrossFit organizer accountable.

Many were saying that the Texas summer heat should have urged the organizer to think twice about having a run-swim event. Some noted the inadequate number of lifeguards or the absence of scuba diver rescuers, which appear to be standard in most triathlon events.

Under Philippine law, if one’s negligence causes damage to another, including death, that person is obliged to pay damages.

In the case of a race organizer, the immediate or proximate cause of the injury or death must be attributable to it to be held liable.

If there is contributory negligence on the part of the athlete, i.e., he or she failed to take a precautionary measure which could have lessened the chances of the injury/death, then the damages to be paid by the organizer may be reduced.

In a recent piece by fellow DAILY TRIBUNE columnist, Dean Nilo Divina, he discussed a Philippine Supreme Court case (Abrogar v. Cosmos) concerning liability (or in that case, lack thereof) of a race organizer where a participant died.

The Supreme Court tackled the case of an 18-year old who joined a ten-kilometer run in Quezon City.

While he was running along Don Mariano Marcos Avenue, he was hit by a jeepney, which apparently was racing against a mini-bus. The runner died as a result.

It appears the jeepney driver had been held criminally liable. But the question before the Court was whether the race organizer and primary sponsor could be held liable for damages.

The Court said that neither was liable. It found that there was no negligence whatsoever on the part of the organizer.

The Court noted that the runner voluntarily participated in the marathon and submitted a waiver of all rights and causes of action.

According to the Court, the doctrine of “assumption of risk” is applicable because of the presence of three elements: (1) that the complainant had actual knowledge of the danger; (2) that he understood and appreciated the risk from the danger; and (3) that he voluntarily exposed himself to such risk.

The Court said: “Where a person voluntarily participates in a lawful game or contest, he assumes the ordinary risks of such game or contest so as to preclude recovery from the promoter or operator of the game or contest for injury or death resulting therefrom. Proprietors of amusements or of places where sports and games are played are not insurers of safety of the public nor of their patrons.”