However, this also legitimizes dealing with the potential of human tragedy or injury as a mere financial risk. Companies are already terribly dehumanized, and I don't think this legitimization helps for this. At least with regulation there is a direct effort to prevent tragedy, and the framing is also closer to this objective. Of course, the goal for companies will still be "we have to adhere to the regulation", but at least the question "why does the regulation exist?" remains nearby. I think it's also the more democratic approach: rather than putting the incentive mechanism in the hands of a judge, democratically elected governments take direct measures to protect their citizens.