Let's apply this scenario to a non-Tesla car. And instead of a jailbreak, you decide to do your own brake job on your car.
"And after you do your own brake job on your Honda and cause an injury accident, who's to know? Just say you didn't, and it was Honda's defect."
This applies to any kind of thing you do to your own car. There's always some chance that something can go wrong and cause a huge wreck. There's always a part that can go bad, and there's always going to be someone who lies to cover up or blames the manufacturer.
You could drive your wheel into a curb, damage your suspension, and then have it fall off a week later and crash into oncoming traffic. And still blame the manufacturer for it.
The point is, you don't need to modify a car, or jailbreak it, or anything for these lawsuits to happen.