While true, there is a thing called 'inherent risk'. Like part of what I learned, if removing the list of a certain risk means that thing can no longer perform the same, then you are unable to sue over it.
The example I've learned: If you got hit by a baseball, you can't sue for being hit by a pitch, because the only way to remove that risk is to not have a ball.
So the only way to remove the risk here, is to eliminate the roller coaster.
(I say this fully understanding that I'm no lawyer and don't know the perfect workings of this, but that's the general idea)
We actually discussed this class in my Business law course. The issue was corporate wide negligence. The coffee makers were set way above the temp required to brew the drink, as a result they were being served at temperatures significantly beyond what any "reasonable person" (legal term in this case) could in fact expect. It was not that she did not expect hot coffee or that she wanted huge sums of money, she only wanted for Mc D who was, lets remember negligent to assist her in a reasonable way.
This brings me back to the theme parks. The notion of "buyer beware," is a bit of a libertarian fever dream. The fact is corporations are NOT always responsible actors. Sometimes they post info that is not true. Perhaps their testing suggested that a average person of 77" would be safe but that could just be average. It assumes certain things like torso length in proportion to leg length. It does not say that a rider needs to know that if they have a long torso they may be in danger. It could in fact be that the testing was not sufficient are that the data are flawed.
Regardless it is irresponsible in the extreme for people in the press and public who do not have access to all the private data and hearings to say, "well it said 77" and he should have known better."
Bull shit. It is entirely reasonable to suppose that the company decided that the actual risk of someone approaching 77" was minimal and saying anything less could scare people off. I do not know that is the case, just that it is a possibility along with 100s of other issues. It could also be that the good doctor is an ass hat. But We can not know these things. You know what will possibly hear them out. A deeper investigation the kind that is brought about when money is on the line.