Any water slide could kill people.
Falling off the stairs going to the top could kill people.
“Any water slide could kill people.”
How many have decapitated people?
When you build a water slide and claim it can kill people, you should expect consequences if it kills people.
When you test a water slide with dummies and the dummies fly off the slide, and you do nothing to change the slide, you should expect consequences.
When a particular raft is known for going airborne and you keep it in circulation you should expect consequences.
Yes. Falling off the stairs could kill someone. That’s why they put rails up to help prevent that from happening. If there were no rails on the staircase and someone fell to their death, you could bet there would be similar charges.
The key issue behind the charge is whether or not this was a predictable outcome. The designer claimed it was. The tests showed it was. The operation of the slide showed it was.