I think SSS is in a stronger position when it can say "We've run this race continuously for 40 years without a fatality. The rules have evolved over those 40 years and are reviewed for each race."
vs.
"These are the rules we got from US Sailing for all kinds of ocean races. We took this item out and that rule out because we felt they didn't apply."
While not a maritime attorney, I have been a trial lawyer in commercial litigation matters for more decades than I care to count. My gut says Bob J is exactly right on this.