Utah Code » Title 78B, Chapter 6 — Particular Proceedings; part 78B-6-7 — Utah Product Liability Act
Utah Code

Utah Code § 78B-6-708 (2026)

State of the art affirmative defense against product liability for an automated driving system

✓ current as of May 2026
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In an action based upon defective design, manufacture, or failure to warn related to the automated driving system of an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS brought against the manufacturer or developer of the automated driving system, liability is precluded if:

the manufacturer or developer complied with the state of the art knowledge of scientific and technical knowledge and other circumstances that existed at the time of manufacture; or
the automated driving system when deployed reduces injuries to persons, in the aggregate, as compared to humans conducting the same activity.
Notes of Decisions
Cited in 4 cases, 2010–2014 · leading case: Niemela v. Imperial Mfg., Inc., 2011 UT App 333 (Utah Ct. App. 2011).
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Niemela v. Imperial Mfg., Inc., 2011 UT App 333 (Utah Ct. App. 2011). · cites it 2× “¶12 The Act itself forecloses Niemela's argument.”
Egbert v. Nissan Motor Co., Ltd., 2010 UT 8 (Utah 2010). · cites it 2× “It specifically renumbered and recodified section 78-15-6 as section 78B-6-708. The Egberts argue that this recodification was purely administrative and cannot qualify as legislative action.”
Riggs v. Asbestos Corp. Ltd., 2013 UT App 86 (Utah Ct. App. 2013). · cites it 2× “(quoting Utah Code Ann. § 78B-6-702 *69 (2008)) (current version at Utah Code Ann.”
McQuivey v. Fulmer Helmets, Inc., 335 P.3d 361 (Utah Ct. App. 2014). · cites it 2× “" Utah Code Ann. § 78B-6-708(1) (LexisNexis 2008).”
Utah Code § 78B-6-708(1): 1 case
McQuivey v. Fulmer Helmets, Inc., 335 P.3d 361 (Utah Ct. App. 2014). “" Utah Code Ann. § 78B-6-708(1) (LexisNexis 2008).”
Utah Code § 78B-6-708(2): 1 case
Niemela v. Imperial Mfg., Inc., 2011 UT App 333 (Utah Ct. App. 2011). “¶12 The Act itself forecloses Niemela's argument.”
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