Sorry, but at least in the US you are 100% liable if your dog hurts someone.
Have these labs pay ANYTHING?
You forget the people who have unalived themselves because some LLM told them to do so.
Besides the obvious conversational derail (we were talking about ai hacking up till now), that case is being litigated right now.
At this point it might be fair to say that Open AI is being negligent with a known risk.