No consideration = no contract (Score 1)

IANAL, but...When you purchase software, you give the vendor money and they give you software. There's an exchange, and usually a contract (express [EULA] and implied). It is forseeable that laws could enforce certain warranties with software purchased under contract.

But with free software, there is no contract because there is no consideration (money) on the part of the user (you could argue that this nullifies things like the GPL, but that's another story). So, it would be impossible to claim damages for something when you never entered in to any contract. FOSS would be immune to liability laws.