It would be an uphill battle for sure, and that's incredibly depressing.
Why would you make the manufacturer liable for this?
(From the top post). If other manufacturers show the same flaw, make the liable, too.
Planes operate in a space with good visibility, any obstacle will be visible with ample lead time.
Planes operate in controlled space, with dedicated and verified spacing between traffic participants, allocated by an external traffic control. Collisions are not rare because pilots jump in within split seconds to avoid them, but because traffic control routes planes away from each other if they converge.
The planes autopilot is in fact less capable than what the teslas autopilot pretends to be. Its limitations are fairly well understood by pilots.
A planes autopilot doesn’t dump the pilot into a “you’ll crash in a second” situation. Handover from autopilot is a different process than what Tesla expects. The planes systems are designed with human psychology and limitations in mind, because of the comparatively high regulatory bar.
Autopilot on cars is a MUCH harder problem than on an airplane. Plus you're taking about trained professionals and liable companies vs average Joe and negligent developer.
1) The whole airspace environment is heavily regulated (ATC, rules, etc), cooperative (think transponders or TCAS for example) and usually quite sparse (several miles between planes).
2) Pilots are regularly trained and evaluated for these kind of take over in case of emergency.
3) You have two pilots monitoring each other.
4) The development cycles for these automations are far longer, and the QA a lot stricter.
5) At least in the most critical phases (take-off, landing), the automation is not exactly end-to-end. It's more the case of grouping batch of steps together into bigger actions to reduce the load on the pilots. The pilots are still quite busy during these periods and very much in the loop.
If all you want is revenge, then by all means, punish them as hard as you wish. Make them listen to tesla autopilot advertising until their ears bleed. The harm is done by that time.
If you want to avoid harm, then you're well served to take the failure mode into account - it's not a conscious decision to take attention away from the autopilot. It's a fundamental psychological mechanism and we're all prone to fall victim. The only way to avoid the trap is to not use autopilot - or change how it works and adress the need for changes to the party that (mis)designed the feature and has power to change it.
Read this repeatedly until you've answered your question.