@sldrant @silverwizard @neil I think that it's clear that legal obligations lie very much with the operator, not the supplier.
Neil is also coming at the question from other angles like ethical.
Another way of framing that question is "is it unethical to deploy software without safety" and "is it unethical to distribute software without safety".
The answer to the first is almost certainly yes. The answer to the second is less clear cut.