What I see here is a good old fashioned accident { does anyone remember accidents that were actually your own damn fault ?? }
Jogging on the beach in the dark = one with any common sense would say "hey, being I can't see a damn thing, maybe I should be aware of logs, debris, holes, or anything else I could potentially trip on"
But nooooo, somewhere along the lines common sense was eliminated from today's society. It's easier to blame someone else, especially when some low life scumsucking lawyer might just help you obtain a large cash award.
That said, let's play a game - Suppose you have just purchased a steaming cup of hot cider. You accidentally spill it in your lap. OUCH! Who do you sue ??
A} The roadside stand that sold it to you
B} The company that manufactured the cup { after all, there was no warning on the cup }
C} Don Knotts
D} You do nothing, realizing that you did after all, order hot cider and it was just an accident