This criticism, like most criticisms of AI, addresses the wrong part of the problem. The problem is harm to other parties. Typically customers and employees of corporations.
A solution is strict legal liability. Corporations must be strictly liable for harms. That liability should be higher when AI is involved. Such liability may not be waived by contract, forced into arbitration, or devolved upon a third party service.
Then we let the plaintiff's bar and the insurance adjusters price that risk.
Something like this turns on in the EU in October 2026.[1]
[1] https://cybernews.com/security/eu-will-hold-tech-companies-l...