Suppose a bakery is about to close for the night, but there is one customer remaining. This customer wants a cake. The shop has 100 cakes in stock, but one of the cakes is rotten and can cause illness. The baker has closely examined each cake and has found that it's impossible to determine which cake is rotten. He determines that it's extremely unlikely that he will sell the rotten cake, so he decides to sell one cake to the customer.
Unfortunately, the man unknowingly sells the rotten cake and the customer gets very ill. Should the baker not be held (at least partially) accountable for the man's sickness? The baker says he didn't want to sell the rotten cake, and that it was extremely unlikely that it would be sold (only 1%). Therefore, he says, he should not be held accountable for what happens to the customer. Is the baker right?
Now, a more general question: does probability invalidate accountability? In other words, should a person's accountability of certain consequences be diminished solely because it was unlikely that the consequences would develop?
Note: the baker did not tell the customer that he had a rotten cake. Though he also didn't tell the customer that he didn't have a rotten cake.