Barbara employed Dwain and Robert to teach her to sky dive. Before her first jum

Question

Barbara employed Dwain and Robert to teach her to sky dive. Before her first jump, she signed an agreement releasing the instructors from all claims for personal injury resulting from parachuting and related activities. She made her first parachute jump with instructor Dwain and pilot Robert. During a difficult landing some distance from the target, Barbara suffered back, arm, and leg injuries. Barbara sued on a negligence theory, and the defendants argued that they were not liable because of the release. Does this release protect the defendants from liability? Explain.

Explanation / Answer

Since Barbara signed the agreement which clearly mentioned that the instructor and the pilot were released from the claims which can be made by her in case she meets with any accident while parachuting and doing other related activities.

This release freed the instructor and the pilot from being liable to Barbara in case of any accidents.

Since the agreement was legal and was not made under any undue influence or pressure, it is a valid agreement and thus is enforceable by law. Therefore, the instructor and pilot can produce the agreement in court to prove their innocence.

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