.....Why is that a good thing?.....
You avoid the issue by attempting to defend an system gone rogue.
American law assumes that ever person must act with Christ like perfection. If that degree of perfection as measured by the ruler of the tort lawyer is not achieved, then money damages are due to the injured party.
The lawyer knows there is no perfection and that his ruler and the court is merely a tool for personal enrichment
The law does not assume anything - it is an inanimate object. At the end of the case, a Judge tlls the jury what the law is that they should apply, which basically is “did the defendant act with due care under the circumstances?” So I don’t what you are talking about with this weaponized ruler thingie.
Then THE JURY decides. If they demand Christ like perfection, or if they a corporation hating socialists, the can and will return a verdict for the Plaintiff.