We can go back and forth all day where you state your opinion, give examples and conjecture with your general knowledge of law and case law, or you can listen to the people who actually do this for a living.
Wanting to assign fault and legislate every minutiae if your life is what has screwed up California and allowed everyone to stop taking personal responsibility in the first place. In kindergarten, I was taught that life isn’t fair. You win some and you lose some. But either way, be the bigger person, take responsibility for your actions and turn the other cheek. The government can’t make enough laws to instill those values in people, so if you value the remaining freedoms you do have, I suggest you quit asking for more laws and trying to hold every single wrong doer accountable.