In your example of the bulldozer situation -- I have no problem with the idea
that a company not mark lines and pay any damages that may result.
That's a risk/reward business decision and should not impart any personal
liability on the decision maker -- the liability rests with the company.
Troublesome distinction. I don't know enough to voice a good opinion, but I
have general feelings.
Aside from the legal issues, it is a moral crime to simply calculate
negligent damage as part of a cost-profit balance sheet. Sounds like a
deliberate "corporate" decision to damage a percentage of customer and
third-party property in the course of doing "normal" business.
Bugs happen enough in code without calculating more of them, for example.
--Alan