The threat of getting sued only motivates people with something to lose. If we let lawsuits largely drive what the rules are, how do you govern people who are so poor they are "judgement-proof."
True, but this is how it actually works, in the US.
Lots of stuff is not anywhere close to ideal, but it is what it is.
people refusing to understand that, doesn't help. Change usually comes from people who first, understand and accept, then they know what to do, to actually make change, as opposed to tilting at windmills.
When you can get sued, safety fences get put up, quite quickly.
America has very aggressive lawyers. We live in a country, where being stupid, can be financially rewarding.