First of all, you give no reason why "it just has to be this way" dragonwriter said it better than me. I know just enough about law to know that it's a careful

First of all, you give no reason why "it just has to be this way" dragonwriter said it better than me. I know just enough about law to know that it's a carefully studied problem and there are several established doctrines used in tort law. A lot of people seem to think law is made by idiots.