Litigation is GOING to happen ..... Get used to it
Its all really dependent on the potential deep pockets value of the defendent (personal assets, value of insurance policy, etc. etc.), the pursuit of 'contingency fees' and the current case load of the contracted lawyer. As an example - The general 'sports' industry -- snow skiing, ice hockey, mountain climbing equipment manufacturers, etc. etc. has been under extreme assault by avaricious trial attorneys since the mid 1970s. To protect themselves from such legal plundering this industry has had to counter vigorously with countersuits, extreme risk managment processes, plastering their venues with declared waivers of 'lawyerspeak boilerplate':Caution do not let go of rope while rapelling more than 8 vertical feet; Caution - do not pull trigger while looking into barrel of gun; Caution - do not leave drivers seat when cruise control is engaged, etc. etc. ..... all reducing the 'value' of their sport industry to protect their asse(t)s. Such successful counterattack simply and quckly redirected the trial attornies towards other 'more productive (lucrative)' pursuits elsewhere; but, just like 'defense medicine' you pay through the nose to 'enjoy' such services. Have you recently noticed the distractive "lawyer crap" that now comes with the 'owners manual' of a new car --- has to EXCEED 50% of content of the operators manual for the CAR !!!!!!!!!!!!! Hmmmmm I thought I bought my auto with a 'Taupe' interior, whats with all these F'ing YELLOW STICKERS all over EVERYTHING!!!!!!!!!!!!!!!!!!!!!If you have any tangible assets of any 'worth' and no matter how caring, careful, prudent you are ... youre simply a target to get sued. In a country that has the second highest per capita rate of lawyers to citizens the catastrophy of legal mugging will continue; only Chile has more lawyers per capita than the USA. Dont expect any legislature to correct this tragedy as most of the pols were/are lawyers. Most EU countries limit the numbers of practicing lawyers ... and simply do not have 6% of total GDP of the WHOLE USA going to direct and indirect 'legal costs'. Ive heard too many times that USA has a 'rule of law' ... Id like to sue someone because of the lack of 'truth of advertising' ... I'd like to offer that its become the "tyranny of avaricious lawyers" (for only a mere 6%). Been involved in too many depositions, trials .... and just like the infamous "Marco Island Anchoring Problem it all boils down to greed, money and power. So if you own a boat, have assets (fat insurance policy, etc.) you ARE DEFINITELY at high risk to get sued in todays litigation lottery. If youve bought any health, auto, boat, liability, etc. insurance lately you can appreciate the cost of prepaid legal defense even without 'going to court' as if you are last link in the chain of 'payment' you bear ALL the preceding costs of this defense. I reduce my personal risk by making it plain and simple and in writing (waiver) that if you or member of your family is an attorney, have ever sued for any purpose, etc. etc., you must assume ALL risk (hidden or otherwise including NEGLIGENCE on my part) .... you may not enter my property, boat, etc. without written signed waiver, hold me blameless (and defend) for any personal injury, etc. including acts or omissions caused including MY negligence. My trial attorney friends, etc. have signed the waiver, and without question ..... stating I'd be a fool not to get such a waiver signed. That ought to tell you something! Sure I think Im covered by insurance, etc. but then I lose all my valuable TIME and ENERGY just to defend against someone (and their lawyer) simply and frivolously playing the shyster LOTTERY. Make EVERYONE you come in contact with ASSUME their Personal risk, to protect your ass against some obscure inane case law settled in 1607 etc. .... and make EVERYONE sign a WAIVER. Until all the excess shysters in the USA are put into re-education camps --- protect your OWN ass. Too many lawyers not enough recipies. End of my biannual 'shyster' rant.