You're assuming that if the law changed the wealthy would sit there and accept the liability. They wouldn't. Without any expertise whatsoever I can imagine a massive pools of capital lending to companies at extortionate rates (~13%, or whatever predicted profits are + 5%), and the owners of the companies would be shell entities or some patsy to take the fall. That way the profits could be harvested across ownership boundaries and the people with the capital would be protected as lenders not owners.
The people with resources would set up ad-hoc schemes like that would limit their liability somehow, slipping loopholes in to the legal system. The small players wouldn't have the resources to play that sort of game. The more there is to lose the more effort would be diverted into protecting it.
The people with resources would set up ad-hoc schemes like that would limit their liability somehow, slipping loopholes in to the legal system. The small players wouldn't have the resources to play that sort of game. The more there is to lose the more effort would be diverted into protecting it.