They’re most likely liable. “FSD” is not full self driving, it’s still a test product, and I guarantee the conditions for using it include paying attention and keeping your hands on the wheel. The legal team at tesla definitely made sure they weren’t on the hook.

Now where there might be a case for liability is Elon and his stupid Twitter posts and false claims about FSD. Many people have been mislead and it’s probably contributed to a few of the autopilot crashes.