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If it is foreseeable that your defective product would be used to harm another person, you can be held liable. Yes, the intervening actor is behaving illegally.

• AnthonyMouse 10y ago
  > If it is foreseeable that your defective product would be used to harm another person, you can be held liable. Yes, the intervening actor is behaving illegally. That doesn't matter. You still bear your fair share of responsibility. That's the point. The unlawful intervening actor has 99% of the responsibility. The security vulnerability doesn't even give them anything inherently malicious or dangerous -- anyone can buy bandwidth and IP addresses on the open market. All the vulnerability does is give them the opportunity to take them without paying. The traditional rationale for imposing liability on the "wrong person" like that is when the actually responsible party can't be found and someone who could easily do something to prevent it can be found. But the manufacturers of these things can't be found either, and the retailers can't easily do anything about it.