If the developer is the owner of the software and has provided warranty for the software and/or as a selling points, uses the accuracy and reliability of the software and, assuming this, that the users of the product are following all the rules and guidelines and the software fails.. then, there could be a point towards this.
So, this becomes a question of what are you selling, how much are you willing to back it up and finally, if there are any disclaimers, are they easily understood?
Nothing is infallible. Considering the platforms being used, etc.. It's hard to make anything fool proof, so, how much QA was done? and are people using the product as it is intended on the devices it is meant to work on?
And let's talk a professional software with proper SDLC. That means there is QA, UAT, PROD, etc.. It's not just the developer.
So, this can easily be a grayish area.