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.