Steerers flex quite a bit. Disc brakes are going to make them flex more. That's why the mountain bike industry has gone to tapered steerers. If it's you that's potentially getting sued, you can sell whatever ill-advised designs you like. Good luck finding anyone involved in the industry to testify that it was a good idea, nobody thinks that. I noticed that Crust, the last bastion of 1" disc brake forks, is now selling a bike with a tapered steerer.