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It seems that waivers never hold up in court when there is "gross negligence." However, when someone dies, even minor things become "gross negligence."
Is it really gross negligence for Porsche to leave out PSM? It may be bad judgment or poor engineering or maybe even negligence, but I hardly consider it “gross” negligence. To me, gross negligence would be not bolting the seat belt down or a brake line that fails at high speeds.
But when someone dies, everything goes out the door, and it’s assumed that there must be gross negligence –and the waiver is worthless.
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