djtronika is right, this country (and yes I am a citizen) has abolished any relation to "common sense" when it comes to the law. Why you ask? Because lawmakers cannot quantify what "common sense" is.
So, you could potentially sue your left foot because it caused you to stumble. Even though "you" as a person should have the "common sense" to move said left foot appropriately.
Also, don't blame the lawyers, they just know how to work the screwed up system that is already in place.
Hot coffee anyone?