No, because the case could be made the airline was negligent in having passengers use a defective dangerous aircraft. The airline would followup and sue Boeing for having a crappy sensor and no recoverable mechanism after the MCAS system is disabled.

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Let's say you buy a ticket for me to carry you between 2 buildings, and I do it using a bicycle on a tightrope between the 2 buildings rooftops. That's obviously dangerous and even a properly maintained bicycle could slip off the rope and fall.