I logged on today to get some info on TLT but, as an attorney, was drawn to this thread. And of course, as an attorney, I have to put my 2 cents in.
First, as to the McDonld's case (and many others like it), my response has always been that the "broken legal system" did not award that woman any money; you did. Maybe not you personally but someone just like you. A citizen ... a neighbor ... a peer; in other words ... a juror. Somehow the plaintiff and her lawyers convinced a group of regular folk to make McDonalds give her money. The fact is we weren't there. We don't know exactly what they heard. We don't know all the evidence.
Second, addressing the subject that started this thread, here's a real life scouter situation for your consideration. I recently took a group of scouts to Boundary Waters for an 8 day wilderness canoe trek. The boys who wanted to go had about a year and a half to get in shape. Nevertheless, one boy was 15 pounds over the BSA's height/weight maximum allowable weight when the time came for me to make the final determination of who was going. I called a meeting with the boy, his mom and our scoutmaster and said he couldn't go. Long story short, after much crying and debating, mom and scoutmaster convinced me to let the boy go.
The morning of Day 3, on the second leg of a 1/2 mile portage, the scout didn't emerge. I backtracked to find him collapsed unconscious on the portage trail. Again, long story short, it turned out not to be fatal and we continued on our trek. Of course, the rest of the trek the other scouts had to portage his packs and his canoe but that's another story.
So, assume the scout had died. I'm the adult leader in charge; I'm the one trained in CPR, Wilderness First Aid, Paddlecraft Safety, etc., etc. And I'm the one who signed the National Tour Permit avowing that I had all the Health Forms which were in order. What would you do if you were the scout's mom? Or, what if you were the scout's dad who had joint legal custody? Also, if I did get sued do you think I would or would not be covered by the BSA's liability insurance?