Limitations On Liability For Automated Driving System-Equipped Vehicles.

Utah Code tit. 78B, ch. 78B-4, pt. 78B-4-P9

in effect

Utah Code § 78B-4-901 Definitions.

78B-4-901. Definitions. As used in this part: (1) "ADS-dedicated vehicle" means the same as that term is defined in Section 41-26-102.1. (2) "ADS-equipped vehicle" means the same as that term is defined in Section 41-26-102.1. (3) "Automated driving system" means the same as that term is defined in Section 41-26-102.1. (4) "Developer" means a person that designs, creates, or produces the software or algorithms that constitute an automated driving system. (5) "Driverless operation" means the operation of a motor vehicle exclusively by a level four or level five automated driving system. (6) "Dynamic driving task" means the same as that term is defined in Section 41-26-102.1. (7) "Level five ADS" means the same as that term is defined in Section 41-26-102.1. (8) "Level four ADS" means the same as that term is defined in Section 41-26-102.1. (9) "Manufacturer" means a person that manufactures, assembles, or produces an ADS-equipped vehicle or the hardware components of an automated driving system. (10) "Noneconomic loss" means nonpecuniary harm that results from an injury or loss to a person or property, including: (a) pain and suffering; (b) loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; (c) disfigurement; (d) mental anguish; or (e) other intangible loss. (11) "Operational design domain" means the same as that term is defined in Section 41-26-102.1. Enacted by Chapter 286, 2026 General Session

Utah Code § 78B-4-902 Limitation of award of noneconomic losses related to an automated driving system.

78B-4-902. Limitation of award of noneconomic losses related to an automated driving system. (1) Subject to Subsections (2), (3), and (4), in an action relating to an ADS-equipped vehicle or an ADS-dedicated vehicle, the amount of the award for noneconomic losses, if any, may not exceed $1,000,000. (2) The limit described in Subsection (1) does not apply to a claim for wrongful death. (3) In an action relating to a level four ADS or level five ADS under this chapter, punitive damages may not be awarded. (4) For a claim brought under Section 78B-4-903, the recoverable amount may not exceed the amount described in Subsection 78B-4-903(1)(c). Enacted by Chapter 286, 2026 General Session

Utah Code § 78B-4-903 Driverless operation liability.

78B-4-903. Driverless operation liability. (1) (a) This section applies only to an incident that occurred related to an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task. (b) This section does not apply to an incident that involves any driving assistance or task not performed by the automated driving system. (c) Notwithstanding Section 78B-4-902 and any other provision of law, the total amount recoverable by a plaintiff under this section, including all damages, costs, and fees, may not exceed $100,000. (d) A prevailing plaintiff may recover compensatory damages available under this section, subject to the limitation described in Subsection (1)(c). (e) If a plaintiff recovers damages under this section, that recovery is the exclusive civil remedy for injury or property damage arising out of the operation of a level four ADS or level five ADS. (2) (a) A person who suffers injury or property damage directly caused by an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task has a right of action under this section. (b) A person who suffers injury or property damage directly caused by an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task may bring an action against: (i) the registered owner of the ADS-equipped vehicle; or (ii) a person that dispatched the ADS-equipped vehicle into driverless operation, including a driverless operation dispatcher or an on-demand autonomous vehicle network. (3) A plaintiff establishes liability under this section by proving, by a preponderance of the evidence, that: (a) the automated driving system was engaged at the time of the incident; and (b) the automated driving system was a proximate cause of the injury or property damage. (4) Any liability established under this section may be mitigated in proportion to the degree that the claimant's or a third party's negligence, recklessness, or breach of duty of care contributed to the occurrence of the incident or the resulting harm. (5) A plaintiff bringing an action under this section is not required to prove negligence, breach of duty, or product defect. Enacted by Chapter 286, 2026 General Session

Utah Code § 78B-4-904 Limitation of causes of action against manufacturers and developers of automated driving systems.

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

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78B/Chapter4/78B-4-P9.html?v=C78B-4-P9_2026050620260506Fetched: 10/26/2026