The skydiving industry tick, which runs on adrenaline and risk, relies on strict safety standards and trained professionals to keep its participants safe. But when those standards are broken, the consequences are devastating. This was the case for Robert Pooley, a California skydiving instructor whose fraudulent training practices at the Lodi Parachute Center have resulted in serious legal repercussions. Pooley’s imprisonment for unauthorized instruction adds to broader concerns about the regulation of the skydiving industry and the responsibility of those in charge.
Even after his certification as a tandem instructor was suspended in 2015, Robert Pooley, 49, continued to train new skydiving instructors at the Lodi Parachute Center in San Joaquin County. He did this by fraudulently using the digital signature of another certified instructor to sign off on more than 100 unauthorized courses. Pooley charged around $1,100 for each course, falsely claiming to be a qualified tandem examiner.
Tragedy struck in August 2016 when one of Pooley's trainees, Yong Kwon, jumped in tandem with 18-year-old Tyler Turner. Kwon, who had just moved to California from South Korea, was paired with Turner, a first-time skydiver. When they jumped, both Kwon and his fellow pilot were unable to deploy the main or reserve parachutes, and both men plummeted to their deaths in a nearby vineyard. Pooley has not been criminally charged in connection with their deaths despite the fatal accident. But in 2023, he was found guilty of fraud related to his unauthorized training activities and sentenced to two years in prison.
The case against Robert Pooley touches on several legal areas.
The crux of Pooley’s case is whether he fraudulently trained new skydiving instructors. Falsifying credentials and providing fraudulent training is a violation of consumer protection statutes and is criminal fraud under both federal and state law. Pooley’s misrepresentations of his qualifications directly endangered the lives of both trainees and participants who relied on Pooley’s misrepresentations of his qualifications.
There is no direct charge against Pooley for the deaths of Kwon and Turner; however, the incident brings into question negligence and liability in the skydiving industry. The fatal tandem jump in 2016 was likely the result of Pooley’s lack of qualifications and his trainees’ inadequate training. Lodi Parachute Center, where Pooley worked, has had 28 deaths since 1985. The pattern of fatalities at the center suggests broader systemic negligence as the instructor and the facility did not meet acceptable safety standards.
The Pooley case points to critical flaws in the regulation and oversight of the skydiving industry. In the U.S., aircraft safety is regulated by the Federal Aviation Administration (FAA), and individual instructors and parachute safety is covered by the United States Parachute Association (USPA). However, the USPA has no legal authority to enforce safety violations, leaving the industry open to misconduct, as in Pooley’s case. Clinics that sidestep certification by instructors and facilities that do not conform to safety violations create an environment ripe for legal challenges and greater regulatory scrutiny.
Pooley was sentenced to two years in prison as part of his sentencing for engaging in unauthorized skydiving courses, a criminal penalty reflecting the seriousness of his fraudulent conduct. His continuing to operate after his certification suspension was not only a crime of fraud, it was a crime of reckless disregard for the safety of other people. Pooley hasn't been charged with Turner and Kwon's deaths, but their deaths effectively serve as a reminder of the deadly outcome of his actions.
The wrongful death lawsuit brought by Turner’s family against William Dause, the owner of the Lodi Parachute Center, led to a $40 million judgment. However, Turner’s family has not yet been compensated in the case, raising legal questions about enforcement and recovery in civil lawsuits. High-risk activities like skydiving provide examples of the civil liability that can stem from negligence. In this case, many players can be at fault— from instructors to facility owners—when injuries or deaths occur.
The Pooley case and broader problems with the Lodi Parachute Center could lead to more pressure on regulatory bodies to tighten oversight of the skydiving industry. The current regulatory framework of the FAA and USPA is criticized for its inability to entirely prevent unqualified instructors from operating. In instances like Pooley’s, where regulatory enforcement was weak, calls for reform might result in stronger certification requirements and stricter oversight of training practices to avoid future accidents.
The case of Robert Pooley serves as a stark reminder of the dangers posed by fraudulent and negligent practices within the skydiving industry. While Pooley’s jail term addresses his involvement in running unauthorized training courses, the broader legal impact of his actions points to the need for more industry regulation and oversightl. The deaths of Turner and Kwon highlight the hazardous, deadly effects of inadequate training and raise questions about accountability and safety in high-risk sports.
If you or a loved one has been involved in a similar situation, consulting with a legal professional is essential. An attorney can help navigate the complexities of liability, fraud, and negligence, and ensure that your rights are protected in the face of legal challenges.
