would "use at your own risk" vindicate the company behind autonomous vehicle? or owner is responsible for his vehicle's actions? i guess never in the history, we had so much advance automations in direct hands of consumer...
As for the failure, I have reasons to disagree... if autonomous cars are working under "unsupervised learnings", my assumptions is, it most likely will makes different decisions for same scenarios based on data on hand.... so thousand's of failure events... though it may look similar may or may not end in same results... similar to how we would react when faced to some unknown situation on road... your scenario might more likely to play out for bad batch of hardware devices/sensors/lidar/camera etc in autonomous system...