That is a logical fallacy. Everything in life has an inherent risk. It is a hot liquid in a cup that said caution:hot on the cup. Everyone burned knew they had a hot cup of coffee in their lap. The reason the case became famous was because the jury awarded her one days coffee sales. This was a few million dollars. They didn't see the irony that million of people every day had a cup of coffee without injuring themselves.
It's not a logical fallacy it's the reality of the situation. The jury saw a problem mcdonalds was refusing to remedy and was causing harm through their negligence.
The reality is the probability of injury. Providing a common product that millions of people on a daily basis use without injury is not negligent. Apply the same logic to kitchen knives. Should we make manufacturers only sell dull knives because people might cut themselves? No offense, You sound like a Personal Injury lawyer.
If a knife maker sells a knife with a slippery handle and ignores repeated instances of people severely injuring themselves with their knife then yes, they are negligent. Just because you don't like the result doesn't mean it's wrong.
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