In America, due to a distrust of bureaucracy and the fact that enforcement or lack thereof can be up to the willpower of the executive, establishing liability via the judicial system is an effective enforcing mechanism.
Absent liability, the other alternatives are some sort of executive branch enforcer (which does things to the whim of the executive) or some kind of onerous licensing/certification scheme (e.g. doctors), and both are IMO worse outcomes.
Absent liability, the other alternatives are some sort of executive branch enforcer (which does things to the whim of the executive) or some kind of onerous licensing/certification scheme (e.g. doctors), and both are IMO worse outcomes.