I don't think they can do that for assist features like this triggering falsely, assuming that's what happened here too. For it not reacting to something there's always the line of "it's an assistance feature, marketing aside we tell you clearly it's an assistance feature and you need to pay attention and react yourself if needed", but that doesn't work for emergency braking triggering randomly, since there's nothing the driver could've done "correctly" to prevent it?

we literally have zero idea if its even the Tesla's software fault.

I believe all car manufacturers have a clause for liability in case of e.g. mechanical breakdowns (if that is the case here), if not the car companies would be sued out of existence a long time ago. Cars break down regularly, new or old, and sometimes in a dangerous situation.