Well we could mandate that self-driving cars be programmed to the same standard. I mean it means that self-driving cars will simply never exist, but we could mandate it!
This cop out of "Software gonna have bugs" as a way to evade all liability doesnt hold in any other profession. I dont see why we get special treatment here.
Nobody calls the emergency services out because they assume cars are going to crash and plan accordingly, so why does the software engineering industry get called out for assuming software will go wrong and planning accordingly?