If that really were how it worked, I don’t think that software would really exist at all. Open Source would probably be the first to disappear too — who would contribute to, say, Linux, if you could go to jail for a pull request you made because it turns out they were using it in a life or death situation and your code had a bug in it. That checks all the same boxes that your scenario does: someone is dead, they wouldn’t be if you didn’t have a bug in your code.

Now, a tort is less of a stretch than a crime, but thank goodness I’m not a lawyer so I don’t have to figure out what circumstances apply and how much liability the TOS and EULAs are able to wash away.