Culpability and ethics. That's what is boils down to. If people take responsibility for their actions and act in a reasonable/ethical manner, we wouldn't have this issue. The problem is that people can no longer accept responsibility for anything.

The McDonalds woman is a flippin moron. Ethically she is just as guilty as McDonalds because she chose to ignore obvious facts. Legally however, she had a case apparently.

The disparity between ethics and the law causes the problem.