This flirts with the is/ought fallacy. The way you wrote, it sounds like you’re saying that in our current legal system they can be found “found at fault” in a

This flirts with the is/ought fallacy. The way you wrote, it sounds like you’re saying that in our current legal system they can be found “found at fault” in a legal sense. But I believe what you meant is that under a different/hypothetical legal system, one which you believe to be closer to optimal, they should be found at fault.