So, if a multi-millionaire with a BAC of.45, crushed your only son to death in a school crosswalk on his way to school, then crashed into a bridge abutment and died, you wouldn't sue the guy's estate if he had a widow and daughter.
Sure you wouldn't.
Um, how about if a multi-millionaire with a BAC of .45 lied and said he kicked my ass I wouldn't.
And, no, I wouldn't.
And I especially wouldn't if he HAD kicked my ass.....
You argument, on the other hand, is a quite common logical fallacy.