I sat an EAA class a month ago, and this subject came up.  According
to the instructor (who also works directly for EAA), there have been
"just a few" lawsuits in the past against builders. And of those, none
were successful for the plaintiff. It did cost the builder some money
to defend, but it likely sets some guidelines for future lawsuits.
They still recommended protecting yourself of course, but all the
hoopla is basically that...hoopla.