It seems quite probable that an LLM provider will lose a major liability lawsuit. "Is this product ready for release?" is a very hard question. And it is one of the most important ones to get right.

Different providers have delivered different levels of safety. This will make it easier to prove that the less-safe provider chose to ship a more dangerous product -- and that we could reasonably expect them to take more care.

Interestingly, a lot of liability law dates back to the railroad era. Another time that it took courts to rein in incredibly politically powerful companies deploying a new technology on a vast scale.