If I fire a computer program that mistakenly causes another person harm, its my fault. Or it would be the maker of the program's fault.
Which one is it? The person behind the wheel when it goes off the rails, or the maker of the software?
Isn’t that part of the question?
I mean, yes, but in this case the same company is doing both parts.
Tort law is a whole field. There is no universal answer other than that it depends on the jurisdiction and the particulars of the case. But the point is that there doesn't really seem to be anything particularly novel about AI tools that should cause them to be treated legally differently from established norms.