This exists because of a cognitive bias: we tend to focus on direct, attributable harm while overlooking larger, diffuse, and indirect harm.

A nuclear plant could operate safely for 50 years, causing no harm, but if it explodes once and kills 10,000 people, there's gonna be a trial. A coal plant could run for the same 50 years without any dramatic accident, yet contribute to 2,000 premature deaths every single year through air pollution—adding up to 100,000 deaths. Nobody notices, nobody is sued, business as usual. It's legally safer today to be "1% responsible for 1000 death" than to be "100% responsible for a single one". Fix this and that law goes away.