I read with much interest through the many very good replies in this thread and found one aspect of liability and accountability that was only briefly touched upon - appropriate use. While I agree there remains many issues of quality and liability which need to be addressed with delivered software, there is also the issue of appropriate use of this software by the end user and the voiding of liability which inappropriate use may impart.

If an end-user were to accidently run fdisk on their system with the intent of increasing the size of their primary boot partition, in turn loosing all data stored on the drive, should liability be retained by the supplier as a result of lack of appropriate disclosure or product information? While all appropriate-qualified computer technicians would be aware of the ramifications of deleting and reinstalling partitions with fdisk, the program is supplier as part of the end-product to the use and as such, does it carry any further liability for this fact? Even if a supplier, where to appropriate document the product, supplies said documentation, therein lies a minefield in itself with regards to the quality and delivery of documentation and appropriateness for the widely-ranging end-user and intended product audience. Is liability then voided where an end-user from outside the intended audience employs a product and finding the documentation lacking, causes harm to their system?

While an example of "drive at 200k/h with 10 year old tires down an icy road" has already been raised in this thread, examples less extreme and more "grey" in nature are far easier to highlight within the realm of computer support. Does the user installing a piece of software have legal recourse if installed libraries conflict with existing software? Can the automatic registration of file associations be construed as an anti-competitive measure?

The path that this measure of liability leads to can be demonstrated within the medical profession where a doctor can be considered "negligent" if they fail to inform a patient of a 1 in 400,000 potential complication following a procedure - The effect that this measure of liability in turn has caused on medical insurance has led to many doctors abandoning the profession as a result of spiralling insurance premiums and a perceived attitude of guilt. In many cases, the claimant will receive compensation, not because of medical negligence, but because of the cost of the litigation.

While increased ligitous pressure on software companies may produce better software, it does open the door to more wide-ranging claims and insurance pressures on companies which may be counter-productive to the end-goal of improved competition and better end-products.