General Discussion
In reply to the discussion: His backyard ice rink honors a stepdaughter’s memory. Now county inspectors may close it. [View all]You can just unilaterally waive liability and be in the clear. People are not that competent at assessing risk in the first place, and in particular they lack the knowledge to assess whether the operators of an attraction are always competent and diligent or whether they are sometimes negligent. Because things like structures and commercial attractions are generally permitted, the public assumes a certain standard of safety is being adhered to, and if that turns out not to be the case they might well sue the county (or other responsible party) for failing to inspect a facility that turned out to be dangerous or inadequate.
Also, while it seems everyone in the vicintiy is OK with his ice rink, this isn't always the case. Often such things are deemed an attractive nuisance because the popularity leads to commercial traffic that interferes with neighbors' enjoyment of their own property.
Think what a boon it would be to corporations if all they had to do was put up 'enter at your own risk' signs outside any commercial premises and escape any sort of liability for what transpired by saying 'they knew the risks.'