In the grand scheme of things, this is why it's always better to defect in the simplified idea game of the prisoner's dilemma. Collaboration is rarely rewarded once lawyers get anywhere near an issue and opting to collaborate (i.e.: admit fault and try to fix it) more or less wins you no points in court, in the U.S.

Given that each possible liability is its own case and stands on its own merits, it pretty much matches the simplest case of the prisoner's dilemma perfectly, IMHO... and so here we are. Sadly.