In many walks of life there need to be rules, but it's impossible to write rules that cover all eventualities. These days we seem to have a "rules are everything" attitude. People are becoming scared to do anything because they are afraid of breaking the letter of the rule rather than the spirit of the rule. I'm not sure what the solution is but perhaps a right to a defence of "reasonable behavior" is what's required?
It's interesting that our attitude to risk differs from country to country. I spent some time in Belgium recently and one winter we arrived at our kids school to find the teachers lighting braziers in the school playground. I think they were roasting Chestnuts. I can't imagine that happening in the UK where playing conkers is banned in some schools unless you wear gloves and eye protection.