you're missing one big detail. Humans are liable, AI isn't. And AI providers do all they can to deny liability. The businesses using AI sure aren't doing better either.
If you're not confident enough in your tech to be held liable, we're going to have issues. We figured out (sort of) human liability eons ago. So it doesn't matter if it's less safe. It matters that we can make sure to prune out and punish unsafe things. Like firing or jailing a human.