Agreed, dont see how it's an oxymoron though, I was referring to more of xbox games in comparison to this. I dont consider an application a video game but that's just my POV.
What you stated about 'one cannot assume that a person's intelligence is great enough to know' holds true in just about every part of society not just shaking a baby. This reminds me of the whole issue with the lady at McDonalds getting a coffee and burning herself then suing and winning some millions of dollars. Was she expecting a frozen coffee?
Everything is taken so literally then when things get to the court room people read in between the lines as much as they can... Where is the balance?