No, but it is the government's.

Exploiting the sloppiness of the government and using it against the user is not what I would call good behavior.

Still, the situation at hand is primarily fault of the government - which should've taken care of it at the very least 5 years ago, or sooner. It isn't a problem exclusive to Tesla, Mercedes has a very similar feature called Drive Pilot (introduced in 2013 IIRC) and except for the most recent model year a malfunction is a problem of the user just like with Teslas.

BTW this isn't even about any lawyers and EULAs, there's simply no legal way how a company like Tesla or Mercedes could take responsibility for a crash, so IMHO Tesla is at least nice enough to spell it out, unlike Mercedes.

> there's simply no legal way how a company like Tesla or Mercedes could take responsibility for a crash

This seems unlikely to be true, unless of course they weaseled themselves in this position.

Read through the laws about deciding blame in car crashes. There isn't a single word about transferring blame to the manufacturer, and thus it's not possible - and the law specifically says that the driver has responsibility. Nobody had to specifically weasel themselves into it, just the states kept sleeping a decade too long.

I'm not going to read through law texts, but I'm sure that there are provisions for the case where the manufacturer made a design error and is responsible for a crash.

This isn't the case though, the car works as advertised and licensed, the problem here is that the law makes the driver responsible for something they shouldn't be.