Imagine that AI is just another tool. Imagine it's a weed whacker. Who is liable if a weed whacker destroys property?

Well, it depends. If I'm using it according to the instructions and the tool does something it's not supposed to, the manufacturer is liable. If I take a weed whacker and start cutting fiber lines with it, I'm liable.

So in accordance with standard liability practice, AI labs ought to be liable for unintended actions their products take, and the user for illegal actions they direct the product to take.

The slight caveat is that a model just produces text. It can't hack anything on its own. I would say that the product in this scenario would be the harness/agent - if you build a system that takes untrusted input (LLM output) and takes potentially dangerous action based on it, well, that sounds dangerous? Possibly negligent?