They cannot even claim they weren't aware of the danger. LLM hallucinations have been a discussed topic, not some obscure failure mode. Almost every article on problems with AI mentions this.
So the judge was lazy, incompetent, or both.
I do think that for this particular situation we need to step outside of our tech bubble a little bit.
I am still having regular conversations with people that either don't know about hallucinations or think they are not a big problem. There is a ton of money in these companies pushing that their tools are reliable and its working for the average user.
I mean there are people that legitimately think these tools are conscious or we already have AGI.
So I am not fully sure if I would jump too quick to attack the judge when we see the marketing we are up against.
Not just discussed, but under every chat interface explicitely mentioned "This tool can make misstakes"
(Sure, more honest would be "this tool makes stuff up in a convincing way")
Or she was conniving like Skylar in Breaking Bad as she convinced the investigator that she got hired because she seduced the owner.