You are missing the point. The point is you can still sue the McDonalds. With the police there is a human intuition to also want to sue the officer, given the officer is a human being who has free will and thus made a choice to violate your rights.

The same intuition applies if you walk into McDonald's and a person there mistreats you. You want that person held responsible.

But the LLM is not a person. What is there to even sue? It just seems like it would simply pass through to the corporate entity without the same tension of feeling like we let a human get away with something. Because there is no human, just a corporation and the robot servicing the place.

Put another way - if the LLM is not a person, what is the advantage of a personal lawsuit?

Just sue the McDonalds. Even in a case where the LLM is extremely misaligned and acts in a way where you might normally personally sue the McDonald's employee, I'm just not sure the human intuition about "holding someone accountable" would have its normal force because again - the LLM is not a person.

So given we already have the notions of incorporation and indemnification it doesn't make sense to say what is precluding LLMs from running McDonald's is they can't be sued. If McDonald's can still be sued, then not only is there no problem, there is very likely not even a change in the status quo.