I thought I heard you say as well that now we would accept waivers. So a craft operator who is operating a craft that may be unsafe and may be capable of violating the environment would operate to the ignorance of any of the individuals who buy the service. So the onus gets shifted onto the purchaser of the service rather than onto the operator of the craft providing the service.
I don't see how you could establish a case in tort law when you've accepted in law that you waive all rights and privileges associated with an action you've taken when you didn't know that you might have been going into an operator's unsafe craft.