That's an interesting set of questions. 1) We already lean heavily toward not holding a person responsible for truly accidental actions. I haven't heard of a driver being convicted of Manslaughter for killing someone when they lost control of their vehicle due to a heart attack when they didn't even know they had a heart condition.
But criminal law is not all of law, not by a long chalk.
In general, to be tried for a criminal offense, there needs to be (at least under English Common Law systems) an element of
mens rea, "guilty mind." Basically, you have to have wanted to do something. But there is a long tradition under
civil law of holding other people responsible for their actions, even for actions that were unintentional (which the driver who lost control might not have been convicted of manslaughter, they almost certainly would have lost a wrongful death claim -- and justifiably so). And the prevention of
accidental injuries is the main reason for most safety regulations.
In Libertopia -- at least as defined by the typical Libertarian theorists -- the government can only take action in response to a deliberate use of force (that's the "non-aggression principle" at work), which specifically excludes both proactive regulation as well as most forms of civil response where mere negligence can be demonstrated.
2) Certainly we already allow hockey players and deep sea welders to sign a paper and claim they did this 'voluntarily'. I assume you are more concerned about, say, factory workers and that by 'make' you mean 'make signing a condition of employment'. Like the Army.
More accurately, I'm worried about situations where the inherent danger is not a bona fide part of doing the job. Obviously if you're going to be a smoke-jumper, then there are inherent risks in parachuting into a forest fire. But the job becomes much more dangerous than necessary if the plane from which you jump isn't flight-worthy.
"Sensible" legal systems recognize that the employer has a duty to make the job situation as safe as practical, in many cases establishing strict standards defining "practical" that can be (as you point out) quite expensive. Libertarian philosophy explicitly rejects this : "You ... don't have to sacrifice your property against your will for purposes that others decide on rather than you." That's an exact quote, and in this context should be quite revealing.
I'm sorry the rhetoric you refer to was overblown enough for you to conclude that libertarians are against requiring basic safety measures for buildings. The lack of such measures endangers others and justifies intervention.
Well, you're the first "libertarian" I've met who considers the rhetoric to be "overblown." Most of the libertarians with which I've discussed this are very insistent that the statement cited above is a fairly exact statement of their views, and that they
should not as a matter of principle be required to spend
their money/property in accordance with anyone else's purposes.
In the sense that life is full of gray areas and my personal choices over where to draw the line would have to be considerably more authoritarian to disqualify me as a libertarian.
Perhaps. But given that libertarianism is generally
defined (by theorists) by the non-aggression principle, it seems to me that the mere fact that you accept that the government has the right to initiate force disqualifies you as a libertarian. (Actually, I'd argue that the fact that you believe that life is full of gray areas disqualifies you as a libertarian; most of the libertarian theorists point out that the fact that libertarian philosophy is absolutist and does not have any gray areas as one of its strengths.)
The analogy of a vegetarian on a strict meat-only diet comes to mind.