It's an interesting point, but this is more like we are building a giant autonomous canon, that escaped the lab, the testing range, defeated state of the art and serious security protocols, and then blew a hole in the neighbors house.

Our legal and philosophical perspectives are deeply rooted in humans being the actors. Doing that in a residential home is unforgiveable. Doing it responsibly on a military range is expected. The autonomous agent escaping that containment then taking that danger somewhere unexpected and unprepared is something none of us or our legal systems are truly prepared to grapple with yet. Something which I think will require a reckoning sooner rather than later.

I don't think it's really that new, legally. Cows, dogs, and whatever have been escaping from people's land and damaging their neighbor's land for thousands of years. Cases like that get decided on standards of negligence, recklessness, or strict liability. There's still a lot of mileage left in those concepts.