[shajznnckfke]

That’s an argument you could make in any kind of liability lawsuit. It falls flat because the lawsuit isn’t worth filing in the average case, so nobody ends up being held to account for anything.

Example: a roller coaster has broken seat belts. Usually nothing bad will happen because physics keeps the rider in their seat. In one case, a rider falls to their death because they were leaning a particular way on a particular turn. Should the theme park not be punished because nobody was hurt in the average case? Or everyone who rode the roller coaster and wasn’t injured needs to sue for their piece of the pie (because the average damage is one death divided by the total number of riders)?