There is an argument that Tesla is releasing products that are fundamentally unsafe, and they may be open to some torts there. Of course, Tesla itself would likely point to some language in some agreement that basically amounts to "you're an absolute fool for thinking that our FSD product is any good, and have no ability to sue us for releasing dangerous products;" they've historically been very aggressive in arguing that they bear no responsibility in any FSD or Autopilot crashes.
https://www.theverge.com/2023/9/27/23892154/mercedes-benz-dr...
You have no control over how your car's self-driving operates, you can take over control but that doesn't mean you're driving. You're the passenger in one of those student-driver cars, you might have your own steering wheel and brake but it doesn't make you the driver. The life-guard isn't the swimmer.
Not at level 2 they are not. At level 2 the driver is in control. FSD is level 2.
The Mercedes system you are talking about is level 3.
https://en.m.wikipedia.org/wiki/Self-driving_car
> Honda was the first manufacturer to sell an SAE Level 3 car,[12][13][14] followed by Mercedes-Benz in 2023.[