BOOTH v. SANTA BARBARA BIPLANES
Waiver and release by which plaintiffs, participants in an aerial sightseeing tour, agreed to "voluntarily assume all risk, known and unknown, of injuries, however caused, even if caused in whole or in part by the action, inaction, or negligence of the released parties to the fullest extent allowed by law," was sufficient to release the sightseeing company, as a common carrier, from liability for simple negligence or breach of implied warranty. Recreational airplane ride is not an "essential service affecting the public interest" for purposes of statute prohibiting exculpation of negligence by written release where contrary to the public interest. Federal Aviation Act of 1958 preempts states from adopting air safety standards but not from establishing or limiting remedies for violation of federal standards.
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