1. If for whatever reason OpenAI causes damage, they most certainly are at fault and have to pay up. When people complain that OpenAI is "getting away with it", they're most certainly talking about it in the criminal context.
2. Cars have pretty specific laws around them (eg. driver licensing and "reckless driving") which makes criminal prosecutions easy. The same doesn't exist for operating AI agents or even computers. For instance, it's arguably reckless to connect a windows XP machine to the internet, possibly allowing criminal or nation-state hackers to use your computer to commit crimes, but you won't be thrown in jail for it.
2. Cars have pretty specific laws around them (eg. driver licensing and "reckless driving") which makes criminal prosecutions easy. The same doesn't exist for operating AI agents or even computers. For instance, it's arguably reckless to connect a windows XP machine to the internet, possibly allowing criminal or nation-state hackers to use your computer to commit crimes, but you won't be thrown in jail for it.