All the jousters know what they are getting into, and we do not force them into anything. They do this under their own will, and we have never had any fatal accident, or anything even close to something of that sort. Our ground crew, AND our jousters have been properly trained and have practices AND have the proper equipment to keep theirselves safe, including everyone else. The most I have ever heard of someone getting in terms of pain, was a broken foot, which was caused by the horse and the groundcrew person trying to settle him.
If the person is not willing to accept the fact that we are not at fault for their decisions, then they will not joust, nor will they ever come close to touching our horses.
The guys I know doing historical reenactments are the same way, with weapon safety checks, etc.... to prevent accidents from happening. But it only takes one time. My uncle-in-law did these until he was about 70, and boasted about how safe and careful they were. And yet he was at the 135 Gettysburg even in 1998 were a man was accidently shot in the neck.
It's like a risk assessment I did once something that didn't seem to bad on the surface. The actual risk of a major problem was very, very small. However, what had been ignored was the potential problems that would arise if the risk was actually realized. As my report noted. In most cases it's not a quiestion of the odds being extremely low or as one person put it "if" it ever happens. If the outcome is dire, then you have to look at it as "when" it happens, not "if".
Obviously these people are all willing to participate and take the risk. The man who got shot at the 1998 reenactment was willing to take the risk. The waivers protect the organizers, who were not held at fault. But it didn't prevent the man who fired the weapon from being charged. Fortunately is was, relatively speaking, a minor wound.
Just because everyone agrees to assume a risk, that doesn't mean the law and lawyers aren't going to get involved if something goes terribly wrong. There will always be some law that can be applied. If you're very lucky the worse that will happen is they'll pass a law banning the activity. But events in the past have shown that the legal system usually get's "it's pound of flesh" in the process.