78B-6-703. Defect or defective condition making product unreasonably dangerous -- Rebuttable presumption.

393 words·~2 min read·/ut/title-78b/chapter-6/78b-6-703

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)In any action for damages for personal injury, death, or property damage allegedly caused by a defect in a product other than an ADS-dedicated vehicle or an ADS-equipped vehicle described in Subsections

(3)and

(4), a product may not be considered to have a defect or to be in a defective condition, unless at the time the product was sold by the manufacturer or other initial seller, there was a defect or defective condition in the product which made the product unreasonably dangerous to the user or consumer.

(2)There is a rebuttable presumption that a product described in Subsection

(1)is free from any defect or defective condition where the alleged defect in the plans or designs for the product or the methods and techniques of manufacturing, inspecting and testing the product were in conformity with government standards established for that industry which were in existence at the time the plans or designs for the product or the methods and techniques of manufacturing, inspecting and testing the product were adopted.

(3)In any action for damages for personal injury, death, or property damage allegedly caused by a defect in the automated driving system operation of a level four ADS or level five ADS of an ADS-equipped vehicle or an ADS-dedicated vehicle, the automated driving system may not be considered to have a defect or to be in a defective condition, unless the plaintiff proves by a preponderance of the evidence that:

(a)a reasonable and feasible alternative design existed at the time the level four ADS or level five ADS was designed and manufactured; and

(b)the use of the automated driving system, at scale and in the aggregate, causes more injuries to persons than would be caused by humans performing a similar task, at scale and in the aggregate, without an automated driving system.

(4)There is a rebuttable presumption that a level four ADS or level five ADS is free from any defect or defective condition if the automated driving system:

(a)conforms to all applicable U.S. federal motor vehicle safety, bumper, and theft prevention standards in effect on the date of the vehicle's manufacture; and

(b)was authorized for use or operation in the state.

Amended by Chapter 286 , 2026 General Session