If CP were to be sued as a result of a guest injury on MF as previously described, an experienced attorney would have a good case to sue CP. Why? The issue is "forseeability". Is it forseeable (from CP's POV) that someone could be injured by striking that support? Absolutely. The argument can certainly be made that the guest did not follow the rules, however when you can observe riders holding up their hands on any coaster in America, it is certainly forseeable that one could be injured by that support on MF. If the plaintiff (suing party) in a lawsuit can show forseeability on the part of CP that an injury could happen, CP would be responsible. That is why modifications are being made. Now that CP knows about it, they are taking their own best interest into account by solving the problem, and avoiding a potential lawsuit.
Dave