There may not be much risk from a legal culpability perspective if they make the appropriate disclosures somewhere in the depths of a EULA, but even so it is a failure of professional ethics to build tools which are "dangerous at any speed" and inflict them upon the world.
Oh, I don’t disagree, and I don’t think burying it in the EULA would necessarily be sufficient (especially in Europe, where the courts and regulators have tended to take a dim view of “but we told you, in three-point type on page 473 in the middle of the trademark acknowledgements”). But ultimately the blame for using known-unreliable tools is largely on the user.