If my brakes fail and I hit an innocent bystander (assume I could not have reasonably prevented this collision), am I going to prison? No. Are the manufacturer or designer of my brake being sent to prison? Probably not, as long as this isn't a consistent issue.

Tesla should be penalized for reckless behavior in the promotion and development of their FSD. However, reality is any product performing a sufficiently risky action for sufficiently many people will have a very small number of catastrophic failures. I could make a similar argument to yours for cars, planes, much of modern medicine, most electric products, alcoholic drinks, etc, etc.