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In effect it seems that people are still not being warned. The legal fiction that they are is exactly the insanity that needs to be thrown out.
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I agree that these extensive disclaimers and contracts are not an effective way to communicate information, but dispensing with them will require either a better way to disclaim many (relatively unimportant) risks, or a change to product (and service) liability law, reducing failure-to-warn legal risk.



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