Yes, this is why we have a legal system with a lot of human judgment, because it isn't black and white.

I think we need (and that there is likely to be) some test cases, and probably some new legislative text, that shift the incentive structure that people are evaluating risks against.

From reading your comment, I don't think you and I disagree at all, for what it's worth. I don't see anything here that I disagree with.