Who is liable if a (non-CNC) machine tool goes off-kilter and kills someone? Possibly the manufacturer of the tool. Possibly the operator. Possibly the company that owned the tool as well as the one who manufactured it.
That is why we have courts. It's not necessarily a great solution, but the alternative would be abandoning all potentially dangerous mechanisms (heck, we wouldn't even have spears, wooden clubs, or sharpened rocks).
Not that MS has been held accountable for all the security problems they've had recently.