By this line of reasoning wouldn’t Ethereum miners be liable too? (assuming this was all implemented on ethereum)
That's partly what makes these individuals an unincorporated organization.
Miners (staker?) aren't partners in the DAO: being a miner doesn't make you an owner of anything, anymore than being an employee or contractor to a partnership in the real world would make you liable for the actions of your employer/client.
Everyone in a mining (or staking) pool seems more likely to count as a general partnership.