Hiett v. Lake Barcroft Cmty. Ass'n
Hiett v. Lake Barcroft Cmty. Ass'n, 244 Va. 191, 418 S.E.2d 894 (Va. 1992), involved a triathlon sponsored by a community association where the participant hit his head on a rock when starting the swim portion of the event.
Hiett simply followed a sleeping 1890 precedent that had not been modified or altered. Id. at 897. The 1890 precedent did not involve recreational activity, but rather an agreement between a railroad company and its employee that specified the railroad would not be liable for injuries or death sustained by its employees occurring from any cause whatsoever. Id. at 896.