78B-6-708. State of the art affirmative defense against product liability for an automated driving system.
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:
(1) 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
(2) the automated driving system when deployed reduces injuries to persons, in the aggregate, as compared to humans conducting the same activity.