Cahalane v. Skydive Cape Cod, Inc.

33 Mass. L. Rep. 474 (2016)

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Nature of the Case

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Facts

P visited the Chatham Municipal Airport to participate in a skydive orchestrated by Ds. P signed and/or initialed several documents waiving legal action against the Ds in the event of an injury related to the skydive. The waivers provided that D and her family 'assume the risk of serious injury and/or death and agree never to sue D or any other parties involved.' By signing, she acknowledged that she had 'been adequately informed about the dangers and risks,' and that she was 'sufficiently informed to sign agreements with which she willingly gave up important legal rights.' The waivers released Ds from liability even if the participant was injured by its negligence. P was given the opportunity to purchase a release from these waivers for $750. She declined to do so. She asked an employee of D what this provision meant and was told that 'it was just standard waiver language and that nobody ever bought it.' P has stated that at the time she was reviewing these contracts, her attention was divided between the waiver terms and an instructional video about skydiving. P was attached to Marcus Silva (D) by a harness. As the pair prepared to land, Silva (D) performed a 'hook turn,' a pivot of at least 180 degrees. Hook turns were not prohibited by the United States Parachuting Association at the time of P's skydive, but have since been prohibited. P's legs were straight under her from what she claims was a gust of wind. P had been instructed, just before landing, to lift her legs so as to be in a seated position. P fractured both femurs. P sued Ds and Ds moved for summary judgment based on the release and waiver.