This is the closest thing I’ve ever seen to suing someone for sucking. Which, for whatever reason, was a childhood trope in my family. I love the idea of that being an actual thing. Many companies would be open to lawsuits if you could sue them for sucking.
The idea of “surviving” doesn’t even come into play in the evaluation of other species. Stupid as hell species survive for hundreds of thousands of years on Earth, that’s how conducive it is to life. You seem to have some unfounded civilized cavemen POV on our ancestors when really we’re still all apes + advanced language.
The dawn of civilization wasn’t us going from some lone person survival style steam game where we came into the world solo dolo in a pair of underwear.