It's also only available on certain stretches of the Autobahn. If the system allows you to enable it, you can use it. The German law allows autonomous driving up to 130 km/h although Mercedes currently only allows their system to work up to 60 km/h.
Mean speed is somewhere at ~110km/h (and you're on the slower end in my experience if you go 110 km/h).
This has to be the standard for all but the most egregious examples of other-driver-at-fault crashes. That, together with marketing standards, e.g. you can say FSD but you have to also disclose Level 2, should help clean things up while incentivizing good development.
But companies will offer this only if the downside risk is bearable. Which, (IANAL) is quite certainly much bigger in the US than in Germany.
Is the liability in Germany uncapped?
That's weird; usually laws are behind the tech, not ahead of it.