So is there no liability for, say, a company that releases a known dangerous open-weight model, but fails to disclose that it is dangerous? How about a company that distributes malware under the guise of legitimate software?
Perhaps don't deploy random weights of unknown origin?
Also not every model provider might be capable of babysitting all your uncontrolled agent deployments. If you want SLOs, get into a contractual relationship with entities whose weights you deploy, and also monitor your agents so they don't go off the rails.
All this is just like deploying any other tech in the world eg. if you buy a car, or a chainsaw, or a book.