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> There is a duty of care

Attorney here! (Not legal advice -- consult a licensed attorney in your jurisdiction).

In order to prevail in a negligence case, you have to establish duty of care in your complaint. You can't simply declare it exists and expect a court to accept it without question.

That said, I generally agree with the rest of your comment. You can always tell how much entities are really looking out for your interest by reading their limitations-of-liability clauses. Wise consumers should purchase insurance to cover the gap.




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