I agree with you on all points, except the fact that employers are responsible for the behavior of their employees. It's the cost of doing business, and it sucks it has to fall with someone, and I agree with you. It's a function of "what's fair" v. "spreading costs over society." The legal explanation is that you, as an employer, have the ability to pass these costs onto your customer, so that justifies saddling such employer with more risk. I agree, it ain't fair in a Kantian sense, but it is utilitarian and practical.

As tot eh Home Depot thing- you'll note from that article (I love the Smoking Gun) the last guy that tried this lost. Home Depot certainly does owe its patrons certain safety guarantees. Are toilets free from glue one of them...? Well, I guess not.

Look, I'm not overly litigious myself, and I believe in personal responsibility for your own actions. But when someone reaches out and affects you and your rights, then I simply don't think there's anything wrong with asserting yourself.