If a third party uses a model created and hosted by OpenAI, I don't think OpenAI should be liable so long as they implement acceptable security controls. Same as if a site hosted on Cloudflare or GCP is doing something dodgy, Cloudflare/GCP aren't held liable so long as they respond to abuse reports.
The answer to this question represents the difference between throwing a hammer at someone - the hammer is essentially just an extension of your body - and paying a hitman to brutalize someone. In the first case, you're only on the hook for assault or battery; in the latter case, you're potentially on the hook for conspiracy, solicitation, etc.
And then there is of course the question as to whether Claude is the agent of the user prompting it or of Anthropic itself. But, as you say, this is a wide-open legal question.