Which, in the real world, is the case with almost everything.
Vendors don't tend to cheat or cut corners or perform malfeasance on shit that's easy to spot.
Worse yet, the customer often can't tell the difference between malfeasance and bad luck. Without an independent regulator looking into this crash, I will have no idea if the airline operating it was staffed by morons and cutting corners, or it did everything right and got unlucky.
And no, the legal system doesn't solve this problem, because any sane company will have a strong preference towards a quiet, confidential settlement, to expose as little of their dirty laundry as possible to the public and prospective customers.
Libertarianism collapses upon contact with the real world, because it depends upon informational symmetry. Yet the way businesses actually operate, it's all informational assymmetry. I don't have the time to devote my life to trying to pick out which vendor will try the least hard to fuck me over, and even if I did have that time, I wouldn't have the information necessary to make an informed choice.