Maybe so, August, but that's no basis for a system of justice.
Besides, after the thirtieth or fortieth idiot that manges to do things like get plowed over by a train because they tried to run the very expensive crossing gates we install (in the case of my employer), compassion tends to get stretched a bit thin. There's even a point at which no good PR comes out of settling.
Sadly, it is not possible to idiot-proof everything, and making it a legal mandate it is just a waste of time and resources - unless you're a civil attorney.
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I stole this sig from Task Force 
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