Sure, go after Tesla if the system endangers people via spurious inputs or dangerous maneuvers. But it's also not Tesla's responsibility to nanny people any more than alcohol manufacturers are held liable for drunk driving. If some idiot zones out on their phone or tries to "drive" from the back seat, their negligence is not Tesla's responsibility.
Self-driving systems shouldn't need all these "are you paying attention" bells and whistles. Just hammer the people who abuse them with reckless driving charges.