Yeah, this attitude is why we can't have nice things and building anything costs a billion dollars.
Insurance is meant to handle this risk.
I have a yard, plant a rose bush. You walk in the yard, bend down to smell the rose but lose balance, fall on the rose bush and the rose pokes your eye. According to the rule, I'm not liable for your injury?
Besides being unfair and stupid, this sort of thing is actually costing society enormous amounts of lost effort, goodwill and actual money. How much time has been spent on bs court cases for things like I described? How much of a tax is liability insurance on everyone? How much fun things will never happen because of fear?
That's not generally true, nor should it be.