No, if they throw a rock at your car, that’s an intentional tort. Negligence has nothing to do with it,
Frank, you are not a lawyer. This is just wrong. You can’t just post a sign and thereby not have a duty of care when you throw rocks on the street.
Several years ago, you were bragging and laughing about how effective your negligence waivers were, that you had effectively made it impossible for anyone to sue you.
Let’s use an example. Let’s say, hypothetically, that someone owned a boat, and they sold scuba tours. And let’s say that there was a fire on the boat, and the owner learned that it would engulf the passenger area in seconds, overwhelming onboard firefighting, and that given the speed at which the fire spread, it would have been impossible for the number of passengers regularly booked in that cabin to escape through the means of egress provided.
Now let’s say that after that fire, the owner continued to book the same number of people, without improving firefighting capabilities in the cabin, or providing better means of escape. Perhaps he installed better fire alarms, but that wouldn’t matter since even a small fire would be immediately lethal to anyone in the cabin. And not only that, the owner didn’t tell future passengers about this design defect in the boat.
Now let’s say that one day, on a trip, there is a second fire. It doesn’t matter how it started. It could even have been a misbehaving passenger lighting a cigarette.
All the signs and warnings and liability waivers in the world wouldn’t help that owner. It doesn’t matter if the had signs up that said “don’t light a fire on the boat, and if there is a fire leave the room, dumbass.” Because that owner had a duty of care they don’t have the right to give up.
That owner was also reckless. They were aware of a serious risk to human life, and they consciously chose to disregard that risk. In fact, depending on the state, that owner would most likely go to prison.
