The cost of the violation is determined in advance, and should be proportional to how much it would cost to pay people to accept the risk of harm, not how much it would cost to undo the harm. People are usually quite willing to accept a small risks of harm even if that harm can't be undone. For example, currently US government policy generally values the life of an American at (IIRC) about eight million dollars, which corresponds to the average American being willing to take a one in a million chance of dying for eight dollars. Someone who takes that bet gets eight dollars even if he's the unlucky one who dies.