If code isn't law, could a crypto holder sue a crypto miner for inflating the market supply and reducing the value of their holdings? What is the legal distinc

If code isn't law, could a crypto holder sue a crypto miner for inflating the market supply and reducing the value of their holdings? What is the legal distinction between mining (which is intent of the protocol) and this attack (presumably not the intent of wormhole)? Do blockchain services need to create ToS's which can legally supercede in the case of bugs in order for courts to punish attackers? Would blockchain users accept a service with such a delegation of state?