Don't you know that in America everything is someone else's fault? The entire insurance industry is built around it and it seems you're not a true American if you haven't sued someone.
I work at a family owned, antique store/indoor flea market. We are not responsible for the shelving that vendors put into their space, it's up to them to stock, clean, and decorate. HOWEVER, our shopping carts are behind a showcase in a very small little channel, at the opening of which is a free-form shelf (metal strips on the wall you put brackets into, then shelves onto the brackets), that had wood shelves on the bottom two brackets, and glass on the top three.
A parent went over to this little channel (just wide enough for our shopping carts), and started to get a cart. The child started to throw a fit about being put in a cart, so the parent grabbed the child, who was kicking and screaming, and was about to shove them into a cart. The parent swung the child up and into the corner of one of the glass shelves, opening about a 4-5 inch gash on the child's leg, and breaking the shelf. I was standing at the cash register (about 6 feet away) the whole time, watching this happen.
Now, who is at fault in this situation? Us for having an exposed corner 4 feet off the ground at the end of our shopping carts? Or the parent for swinging his kicking child around in a space that was about 2.5 feet wide rather than pull the cart out first?
His insurance refused to pay for the emergency room visit saying the father was an idiot. They don't pay for parents who slam children into shelves. His lawyer tried to sue us for the $2,000 emergency room visit...and another $20,000 in emotional distress and damages. Yep, $20,000 because the father had no space perception and used his own child as a projectile, which was obviously our fault.
(Our insurance eventually paid them the $2,000, but no one besides the child's parents though the $20,000 was anything but a joke.)