I have to agree with Ibby. It's the consumer's responsibility to look out for his/her own self provided the retailer (be it crapsoft or fast food or whatever) has taken all necessary measures to warn the user of the potential consequences.
I understand what you're saying Pirate, but by that logic it's not a stretch to say it's Chrysler's fault when buddy in his Cirrus doesn't buckle up because Chrylser made it so the car can be driven with the seatbelt unbuckled.
I call accidents like these a tax on stupidity. Unfortunetly in this case it was the child that had to pay for the parent's lack of mental processing ability.
"Someone in a Prius tried to race me at a stop sign the other day. I couldn't believe it. I had him for the first 100 feet or so but I can only walk so fast."