The problem is a large portion of the legislators are lawyers.
There is a local flower shop that was sued by a guy that came to buy flowers for his wife, after making his flower purchase, drove home a good 15 to 20 miles from the flower shop and upon pulling into his driveway got out to check his mailbox, and sprained his ankle in a pothole in his own driveway? the argument was that if he had not gone to the flower shop this wouldn't have happened, WTF the flower shop owner was pressured into paying an out of court settlement for $10,000 plus several thousand for his own attorney fees. he was advised to do this as the cheapest way out.