If that is the case, any business that provides any activity that is remotely dangerous would not be able to stay in business without the huge overhead of a powerful legal team backing it. Consider skydiving, watersports, or even karting.
The high cost of frivolous legal defense is a completely separate issue. It should not be the basis for denying the right to sue. If someone is injured skydiving, it should up to a court to decide if that was a reasonable expectation or if there was negligence on the part of the business. The court shouldn't need to take months and tens of thousands of dollars to make such a determination.
