Say a skydiver signs all the legal waivers for a tandem jump, but while at 7,000 feet suddenly has second thoughts and begins flailing about frantically, screeching for two minutes, “No, I don’t want to jump after all! I don’t want to jump after all!”
The tandem instructor, strapped to the skydiver, ignores the skydiver’s pleading and forcibly moves the skydiver to the door of the airplane. They jump anyway.
The skydiver suffers no physical injury, but suffers the fright of his life. He is badly shaken and scared.
Would the skydiver have any legal basis to sue, saying, “I said I didn’t want to jump after all, but the instructor wouldn’t listen?” Or would the instructor and skydiving company win in court, saying, “Once you signed that legal waiver and got in the airplane and the plane took off and climbed to high altitude, we could disregard your protests about not wanting to jump after all?”
What’s the legal principle here?
Assault. The instructor has intentionally applied force to the jumper, without the jumper’s consent, which is the definition of assault.
When I went up, I was scared pretty bad, but I reasoned that the jump plane was kind of old and crude and that landing in it would be more dangerous than jumping.
OK, the hypothetical scenario I gave was rather straightforward… but I’ve seen videos where a skydiver suddenly panicked at the last moment and grabbed at the door handle or something to keep from jumping but the instructor made them jump anyway. That is 2-5 seconds of panicked reluctance, though, not two minutes. Would such a scenario be different?
Hypothetical scenario:
To make things even more legally complicated, what if, on the ground, the skydiver boldly stated, “If I start panicking or protesting or anything, just ignore me and jump out regardless!” but then, 7,000 feet in the air, genuinely panicked in terror and protested? Could the instructor say, “Hey, you told me to ignore you?”
Old school Military training might have allowed an instructor to forcefully encourage someone to jump. 
Especially in a war like WWII when the first Paratroopers were being trained.
I can’t think of a reason a instructor for a tandem jump would care if someone chickened out. I’d assume they were smart enough to collect their fee before the plane left the ground.
I’d agree forcing someone to jump would be assault. Unless the tandem partner could successfully argue they were at a point where it wasn’t safe to abort. For example if he/she is already partially out the doorway it might be more dangerous to try and get back into the plane. Consider how strong the wind would be in an open doorway. So for his own safety he might jerk his reluctant student partner out the door. That’s just a hypothetical situation but I can see it happening.
It’s like walking out to the end of the high diving board. It’s a lot more dangerous to turn around and walk back to the platform and climb down that vertical ladder. Slipping and falling drastically increases the odds of getting hurt. Diving in a controlled way is the safest way to get down.
I was wondering that exact same thing when I saw this video…Lady Slips Out of Parachute When Skydiving - YouTube
The customer, an 80 year old lady, who has been enthusiastic the whole time, clearly changes her mind and does not want to jump at the door. The instructor prys her hands off the door frame and jumps, and she slips out of her harness and damn near falls to her death. It all comes out okay, but I was very much wondering what the legal implications of all that was.
I used to be a jump instructor (prior to the existence of tandem rigs) and there was no way a student (with static line rig, in those days) who panicked and didn’t want to go would be forced to. The most you’d do is offer some encouragement, as in “You can do it!”.
I’d be amazed to learn that this is standard practice anywhere.
And yes, the money is paid up front, and not refunded for a refusal.
You’d say “Sorry, it doesn’t work that way. If you decide not jump, we’ll respect that decision.”
You can’t make a hungry man jump!
what about kidnapping?
As NP noted, assault is a given, the touching of a person in the manner described. Other “general” torts may be applicable, fear, fright, emotional distress, anxiety.
I do know the tort of “Pre-impact” fear, such as an airplane about to crash is compensable.
Kidnapping is a criminal offence, not a civil action.
Where do you guys come up with this stuff?
Of course if the instructor forces you out of the plane against your will it’s considered assault. Possibly even reckless endangerment.
Throwing a person out of a plane.
You can often sue a person for committing a crime against you.
Wouldn’t the situation in the OP be considered “terroristic attack”?
One guy told me the instructor said “If you don’t jump I’m going to have sex with you”
I asked if he jumped and he said “A little at first”.
Yes, but I am not aware of a civil tort of kidnapping.
I’ve seen quite a few videos, though, in which instructors jumped out of airplanes with clearly terrified and protesting skydivers anyway. It may not be uncommon.