It might be legal, but that doesn’t mean I wouldn’t be liable. They are two separate things.
Since I'm arguing that the idiotic court system is the problem here, discarding personal responsibility for some uber Mommy who will 'protect' you from your own foolish idiocy, I personally don't give a rip if it's either.
But in this particular case you're wrong, going by previous case law - a person ate five servings a day of locally made peach ice cream and later succumbed to cyanide poisoning. The family tried to sue the ice cream maker, the court dismissed the case stating that 'the courts aren't there to protect people from doing foolish things.' As a sign of how foolish this was, the text includes a suggestion that suing an ammunition maker because you shot yourself with a gun would be equally foolish. This was in 1946 - my, how far we've fallen.