The company contended that Pennsylvania law generally supports enforcement of exculpatory agreements in inherently dangerous sporting or recreational activities. Red Bull further argued that Crawley was aware of the risks, had conducted research on prior Flugtag jumps, and voluntarily chose to participate.
Crawley’s legal team disputed those claims, arguing the waiver violated public policy because it would also prevent his workers’ compensation insurer from pursuing reimbursement for medical expenses already paid on his behalf.
Crawley’s brief noted that allowing private contracts to eliminate third-party recovery rights would undermine statutory protections intended to preserve public safety and insurance recovery mechanisms.
The complaint also alleges that Crawley was not given adequate time to review the media participation agreement, which contained risk warnings written in capital letters stating that participants “assume all risks of personal injury or death.”
According to court filings, the warning language was embedded within broader contractual provisions related to media rights and was delivered shortly before the stunt, limiting the opportunity for independent legal review.
