Nobody said it was on the tool, but sometimes, it is factually also on the provider of the tool. Pretending otherwise doesn't change the law. If the provider is negligent, they can share in responsibility. This is how things other than LLMs work, why not LLMs too?

Guns have safeties even though they can get in your way, for safety's sake. Equipment has lockouts. Most things come with warnings. Automobiles are starting to get automated guardrails like automatic braking and eventually won't allow you to e.g. steer into another vehicle, because it's feasible to prevent and there is a public safety interest. There's simply zero justification for the multi-billion dollar corporations producing and selling access to these LLMs to not institute some guardrails of their own.