Who is denying facts? Whether you agree with the status quo or not, it's still the status quo. You can get as deontological as you want here, but insurance / tort law is a matter of law; not opinion. The question is pretty simple a straight forward, in the absence of clear and sole negligence on one party, who is more apt to pay--those who are in the business providing the public accommodation or those who are spending their money to frequent it. The counter argument to your point is that the business is voluntarily providing this service. Keeping in mind that we lack the health care and social safety net that would spread most of the damages and lost wages risks among the nation generally.