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Jones v. Dressel | 623 P.2d 370 (1981)

Waivers of liability are common practice in industries where customers stand a decent chance of getting hurt. Jones versus Dressel is the story of a teenager who took up parachuting and came to regret signing that exculpatory agreement.

William Michael Jones, aged seventeen, decided he wanted to jump out of an airplane. He sought the services of Free Flight Sport Aviation, which operated a recreational skydiving facility. Free Flight sold customers airplane rides that took them to the correct altitude above the parachute landing site, whereupon they jumped out of the plane and, if all went well, landed gently under their parachutes.

Free Flight had all of its customers sign a waiver of liability and covenant not to sue. A customer who signed this waiver agreed to release Free Flight from liability for any injury that occurred due to participating in skydiving activity at Free Flight’s facility, including for injuries that resulted from Free Flight’s negligence.

Jones turned eighteen one month after signing the contract. About a year later, he was riding in one of Free Flight’s airplanes when it crashed. Jones was seriously injured.

Jones sued Free Flight, alleging that the crash was the result of Free Flight’s negligence and willful and wanton misconduct. Citing the exculpatory agreement Jones had signed, the trial court dismissed the case. The court of appeals affirmed. Jones appealed to the Colorado Supreme Court.

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