I used to hear things like “if cigarettes/alcohol were invented now, they would never allow it”, indicating that consumer protection used to be a thing, as early as 10-20 years ago. Now when AI hit the market it was obvious how bad and dangerous it was, yet governments (even the supposedly good ones in Europe which still [pretend to] do consumer protection) did nothing to protect their citizens from the harms AI was causing.

If we still did (or ever did) consumer protection like that cigarette/alcohol myth above indicates, then the makers of that tool would indeed be responsible for when their products does dangerous things.