Yes, unless the state can pass a law that determines liability.
But none of the parties you listed are going to say "yeah ok, pass a law that says I'm to blame if something happens" so without guidance from the courts, the legislative process would either get stuck or pass something based on the politics (like whoever doesn't lobby up gets stuck with the bill) rather than substantive policy repercussions.
But like in my other example, sometimes it takes a while for courts to work out the best solution.