Tesla should be doing two things that would greatly reduce their liability while also keeping customers happy. Overall I think it wouldn't change the number of people buying into FSD anyway so there wouldn't be much downside for them.
1. Offer refunds for those for paid for FSD. Full refund until FSD has been enabled for a year and used more than N times, prorated after that based on usage. That gives existing customers a window to try it out and get their money back if they don't like it, with a full refund if they only tried it out or a partial refund even if they used the feature a lot.
2. Be clearer in their marketing and on the purchase page about the feature. Sell your vision of it but also be honest about the current state of it. IMHO it isn't that hard of a sell to most customers but you'd be setting accurate expectations. Tech-aware people or those of us into EV tech are aware of FSD's limits but you are only going to disappoint people if they think FSD really is capable of full unattended self driving right now. That only hurts your brand and erodes trust. You can't hide the details in 6-point lawyerese and expect customers to be happy with you.
I was aware of the limits of FSD when we bought the car and considered it an investment in the future... but I don't use it often and told my spouse not to either. It is a beta feature and must be used with care.