Let's think about this for a second. I agree to some extend with what you are trying to say, I just think there's a critical thing missing here in your consideration, and that is usage of the product outside its intended purpose/marketing.

Civil engineers built bridges knowingly that civilians use them, and structural failure can cause deaths. The line of responsibility is clear.

SW companies (like CrowdStrike (CS)) it MAY BE less straight-forward.

A relevant real-world example is the use of consumer drones in military conflicts. Companies like DJI design and market their drones for civilian use, such as photography. However, these drones have been repurposed in conflict zones, like Ukraine, to carry explosives. If such a drone malfunctioned during military use, it would be unreasonable to hold DJI accountable, as this usage clearly falls outside the product's intended purpose and marketing.

The liability depends on the guarantees they make. If they market it for AV used for critical infrastructure, such as healthcare (seems like they do https://www.crowdstrike.com/platform/) - by all means, it's reasonable to hold with accountable.

However, SW companies should be able to sell products and long as they're clear what the limitations are, and it needs to be clearly communicated to the customers.