Sure, but how many times have you actually had a problem? And if you did, that company has probably lost your business forever, or at least lost a lot? Isn't that fair enough?
I think you're misunderstanding. The owner of the media is the media maker (MGM, Disney, Paramount, Universal, whatever), who insists they have only granted me a license to use the copyrighted material.
To be consisent with that legal theory, if the physical product on which the copyrighted material is contained becomes damaged, the media maker should provide me with a replacement at a nominal material charge (a dollar or three) if I return the damaged one. They don't. They are not even involved in such issues.
IOW, it shouldn't be a matter that depends on the charity of the retailer. It should be a requirement of the license the media makers claim to be granting. Either that, or I own the physical product with the media that is encoded on it, and should have the right to make a backup copy, as long as I don't sell the copy.