If the driver had used it off-highway 1,000 times in the past, but then the Tesla made an error off-highway, is it Tesla's fault or the driver's fault? This is

If the driver had used it off-highway 1,000 times in the past, but then the Tesla made an error off-highway, is it Tesla's fault or the driver's fault? This isn't even a Tesla issue: most car makers now ship cars with adaptive cruise control with stop-and-go. If they stop 95% of the time in this situation, do we really have to ban them because some drivers insist that past experiences constitute a valid test?