>they clearly would have tried to use it in any situation where they had potential liability.
That's just how lawyers work. They'll try to invoke any defense that's vaguely applicable, just like any plaintiff lawyer will try to invoke any cause of action that's vaguely applicable, like the plaintiffs in this exact case.
That's just how lawyers work. They'll try to invoke any defense that's vaguely applicable, just like any plaintiff lawyer will try to invoke any cause of action that's vaguely applicable, like the plaintiffs in this exact case.