Jones v. Dressel

623 P.2d 370 · Supreme Court of Colorado · 1981

Torts Assigned in 2 casebooks

Case brief summary

Rule

A contract that excuses someone from liability for their own carelessness is allowed unless it affects a key public interest, judged by four factors judges must weigh.

Facts

A 17 year old signed a skydiving company's contract releasing it from liability for carelessness, turned 18, kept using its services, and was later badly hurt in a plane crash during a skydiving trip.

Procedural history

The trial court partly ruled for the company, saying the release blocked the claim, and the appeals court agreed, so the man appealed to the state Supreme Court.

Issue

Did the liability release signed while he was a minor still protect the company from a basic carelessness claim, or was it invalid or limited in scope?

Holding

The Colorado Supreme Court agreed with the lower courts that the release was valid, that the young man had accepted its terms by using the service after turning 18, and that it clearly covered this type of crash.

Reasoning

The court ruled the release was valid and fair, clearly covering his injuries, so the company could not be held responsible for his accident.

Opinions

Majority (Erickson): The release was valid, properly accepted by the plaintiff as an adult, not an unfair standardized contract, and clearly covered the crash, so summary judgment on the basic carelessness claim was correct.

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Question 1 of 5

What activity led to Jones's injuries in this case?

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The professor turns to you.

What contract did Jones sign, and how old was he at the time?
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