that's the current legal default, but it starts breaking down when you look at product liability vs professional liability.

if a company sells an autonomous agent that is marketed as doing a task without human oversight, the courts will eventually move that burden back to the manufacturer. we saw the same dance with autonomous driving disclaimers the "human must stay in control" line works as a legal shield for a while, but eventually the market demands a shift in who holds the risk.

if we stick to 100% human responsibility for black-box errors that a human couldn't have even predicted, that "brake" won't just slow down the agentic shift, it'll effectively kill the enterprise market for it. no C-suite is going to authorize a fleet of agents if they're holding 100% of the bag for emergent failures they can't audit.