Agreeing with the others. It's you. Like my initial house example, if I make a contract with *you* to build the house, you provide me a house. If you don't, I sue you. If it's not your fault, you sue them. But that's not my problem. I'm not going to sue the person who planted the tree, harvested the tree, sawed the tree, etc etc if the house falls down. That's on you for choosing bad suppliers.
If you chose OpenAI to be the one running your model, that's your choice not mine. If your contract with them has a clause that they pay you if they mess up, great for you. Otherwise, that's the risk you took choosing them
In your first paragraph, you talk about general contractors and construction. In the construction industry, general contractors have access to commercial general liability insurance; CGL is required for most bids.
There’s nothing quite like CGL in software.