Comment by mindslight

"The loss" is already performing an abstraction to create something generic that can/must be assigned. The person who died is dead regardless of the creation of that assignable loss.

If there are too many instances of people dying in such situations, then the fundamental way to solve that is to prevent such situations from existing. A specter of civil financial liability is but one way of trying to do this, and having judges create common law theories is but one way of assigning that liability. Relying on those methods to the exclusion of others is not a neutral policy choice.