78B-4-904. Limitation of causes of action against manufacturers and developers of automated driving systems.
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Effective 5/6/2026
78B-4-904. Limitation of causes of action against manufacturers and developers of automated driving systems.
(1)A manufacturer or developer of a level four ADS or level five ADS is not subject to liability under a theory of negligence for personal injury, death, or property damage arising from the operation of an ADS-dedicated vehicle or an ADS-equipped vehicle equipped with level four ADS or level five ADS while the automated driving system is engaged.
(2)A manufacturer or developer of a level four ADS or level five ADS may be held liable for personal injury, death, or property damage arising from the operation of an automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle only under:
(a)Section 78B-4-903 ; or
(b)Chapter 6, Part 7, Utah Product Liability Act, if the plaintiff establishes the elements required under that part.
(3)Nothing in this section affects:
(a)the liability of any person or entity other than a manufacturer or developer of a level four ADS or level five ADS; or
(b)the application of comparative fault under Section 78B-5-818 to reduce a plaintiff's recovery based on the plaintiff's own conduct.
(4)For purposes of this section, a claim alleging that a manufacturer or developer of a level four ADS or level five ADS was negligent in the design, development, testing, manufacture, or deployment of the automated driving system is a product liability claim subject to Chapter 6, Part 7, Utah Product Liability Act, and not a claim for ordinary negligence.
Enacted by Chapter 286 , 2026 General Session