§ 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.