Tough Mudder sued after race participants sickened

One man filed a lawsuit against Spartan Race, Inc, the company responsible for the Tough Mudder race, after hundreds of people reported getting sick at its race in Sonoma County at the Sonoma Raceway last August. 

Evan Goldsmith of Riverside alleged in his suit, filed Tuesday in Sonoma County Superior Court, that the race company was negligent in their duties, which is what caused hundreds of competitors to develop rashes with fever and puss, muscle pain, nausea and vomiting, head and body aches.

KTVU reached out to Spartan Race, Inc. on Thursday for comment, but did not immediately hear back.

According to the lawsuit, the Sonoma County Public Health Lab tested water and mud samples from the racecourse and found Aeromonas SPP bacteria; the use of non-potable water throughout the event obstacle course; and rough terrain in the mud pits, which caused skin abrasions and contributed to wound infections.

"These participants were scared, scarred and now feel betrayed by a company they once loved," according to the suit.

Goldsmith is being represented by the Oakland Legal Group in Los Angeles. 

"What we were able to do is we were able to subpoena certain documents to figure out what happened here, because Tough Mudder was so quiet about it," said Elan Zektster. Zektster represents 150 people suing over last year's race.  

The water at one section of the course was not intended to come into contact with human skin, according to the attorney. Zektster said the non-potable water sources are usually used in construction site clean-ups. 

"This case may come down to a battle of the biologist. How did the bacteria get into the water?" said legal analyst Steven Clark. He said Tough Mudder will likely point to waivers contestants signed, assuming risk while competing. However, he notes Aeromonas bacterial infection may be beyond what is reasonably expected. 

"Did the promoters increase the risk to these participants, which puts it outside the scope of this waive form they likely signed?" Clark said. He said this will likely become a class action lawsuit as more people come forward. 

This year's race takes place over the weekend, but if the lawsuit is successful, it could bring future competitions to a halt. 

Plaintiffs seek recovery of healthcare costs, loss of income from missed work and punitive damages. 

Sonoma County officials are investigating multiple cases of possible infections among runners who competed in a recent Tough Mudder event at the Sonoma Raceway. (KTVU FOX 2)