To clarify, you are hinting that there is a strong case to me be made for holding you liable, correct? I had a hard time determining what your takeaway was.

I would agree with that, as society should work to prevent actions that significantly increase the probability of severe harm, even if complete and definitive proof of harm cannot be had in each individual case.

I would be surprised if case law doesn't support that general idea. I'm sure the courts have had to deal with probabilistic situations before.