A) There was a reasonable expectation that the architect was responsible for the security of the home under a design agreement.
and
B) That the architect was negligent in their duty to provide said security.
Then yes, they could be sued.
You're focusing on the wrong aspect of the argument. You can already be sued for any number of things related to failing to meet an agreement.
The core question here is not whether software developers should be liable for security issues arising from their software, but whether or not software companies should be able to disclaim liability in such broad ways in their EULA language.
Comments
If one could show that:
A) There was a reasonable expectation that the architect was responsible for the security of the home under a design agreement.
and
B) That the architect was negligent in their duty to provide said security.
Then yes, they could be sued.
You're focusing on the wrong aspect of the argument. You can already be sued for any number of things related to failing to meet an agreement.
The core question here is not whether software developers should be liable for security issues arising from their software, but whether or not software companies should be able to disclaim liability in such broad ways in their EULA language.