What happens when a doctor's brain, which is also an unexplainable stochastic black box, influences your doctor to make a bad prognosis?
Or a human driver (presumably) with that same brain kills someone?
We go to court and let a judge/jury decide if the action taken was reasonable, and if not, the person is punished by being removed from society for a period of time.
We could do the same with the AI -- remove that model from society for a period of time, based on the heinousness of the crime.