I don't understand your confusion.
If you sell a product e.g. a car and the brakes don't work you are liable
If you sell a product e.g. a medical software which calculates and runs your insulin pump and it responds to a division by zero error with injection 1000x the amount of insulin your are liable.
You don't have to focus on the how, only on if it was your product and was sold to a customer.
Who was at fault (product or customer) will be decided in a lawsuit.
If you don't sell anything then these laws don't apply to you, even if the article seems to be unclear about that.[1]
https://www.europarl.europa.eu/news/de/press-room/20231205IP...
Edit:
Somebody linked the full EU briefing:
https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/7393...
On Page 5 there is a passage about how free-of-charge open source software is excluded and also who is liable in a commercial activity:
With the aim of not hampering innovation: (i) free and open-source software developed or supplied
outside the course of commercial activity, as well as (ii) the source code of software, should be
excluded from the definition of products covered under the proposal.
As far as the broader scope of
the proposal compared to the existing PLD on liable parties is concerned, Article 7 of the revised
PLD lists the types of 'economic operators' which can be held liable for defective products, by
introducing a layered approach to liability depending on the different qualification of the economic
operator.
Among the list of economic operators are:
(i) the manufacturer of a product or component,
(ii) the provider of a related service, (iii) the authorised
representative,
(iv) the importer, and (v) the
fulfilment service provider or the distributor. The manufacturer should be liable for damage caused
by a defect in their product or components. An innovation introduced in the revised PLD is
considering any economic operator who has substantially modified the product outside the
control of the manufacturer liable for any defect. Such a party is then considered as a manufacturer.
When a manufacturer is established outside the EU, the revised PLD would further attribute
liability for a defective product to the importer and the authorised representative in the EU. As a
last resort, the fulfilment service provider (offering at least two of: warehousing, packaging,
addressing and dispatching of a product, without having ownership of the product), will be held
liable when the importer and authorised representative in the EU are based outside the EU.
Distributors of a defective product (offline and online sellers) can also be held liable upon request
by a claimant and when the distributor fails to identify any of the above operators.
Online platforms should be liable in respect of a defective product on the same terms as such
economic operators when performing the role of manufacturer, importer or distributor.