> For a real world analogy, if you go skydiving, and you sign an injury against waiver, and you get hurt out of pure dumb luck and not negligence, good luck suing anyone for that. You jumped out of a plane. What did you think might happen? But if you walk into a McDonald's and fall through the floor into a basement and break your leg, no number of "not responsible for accidents" signs on the walls would keep them from being liable.

Even this is a bad example, since it is just gross negligence and not intentional. A better analogy would be if mcdonalds shoots you.