That example is entirely and completely different, though. Did the boxer's waiver explain that the boxer WILL likely be attacked by a spectator? No, of course not! His waiver explained that ANOTHER boxer will be attacking him, and in the ring!
The waiver you sign at a ski resort explains that stuff like this will happen. Like I said, they only directly prove that, but I guarantee the lawyer can effectively use it as a part of the defense's case.
As for finding two witnesses, I'd agree it wouldn't be that difficult... if it'd happened fairly recently. But it's been almost a year. I highly, highly doubt anybody will remember it anymore, much less be even locatable.
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