I was attempting to say that Six Flags better hope it was quite careful in replacing cables with ones that met or exceeded the specs of the ones it would have purchased from Intamin. Even if it maintained the cables religiously, if it used an eight-strand cable instead of a ten-strand, or a cable that was 1/32" smaller in diameter . . . you have a happy plaintiff's lawyer.
None of which minimizes your correct observations about absence of a guard
Sometimes I'm as incoherent when I write as I am when I talk. The only different is that my fingers don't drool on the keyboard.
One thing is for certain, all that has been mentioned as potential problems is going to be receiving a lot of scrutiny.