The underpinning of your thought process here seems to be something like "People can't be fully liable for harm they cause if they weren't breaking the law in t

The underpinning of your thought process here seems to be something like "People can't be fully liable for harm they cause if they weren't breaking the law in the process." But that's not so. If I wildly wave my arms around in a somebody's house and break their expensive china, that's not against the law, but I can't say, "Oh, I only owe you half the cost since it's your fault you didn't protect yourself against the perfectly legal action of me flailing around the room."