§ 15-75-112 — Affirmative defense

(a) As used in this section: (1) "Liquefied petroleum gas equipment" means any appliance, equipment, or piping system that uses, stores, or transports liquefied petroleum gas; and (2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling liquefied petroleum gas. (b) A liquefied petroleum gas provider shall have an affirmative defense to any action for civil liability for damage or injury caused by: (1) An alteration or modification of liquefied petroleum gas equipment that is not reasonably foreseeable by the provider and causes the liquefied petroleum gas equipment to be unsafe for use in its altered or modified form; or (2) The end-user's use of liquefied petroleum gas equipment if: (A) It is outside the manner or purpose that it could reasonably be intended to be used or renders the liquefied petroleum gas equipment unsafe; and (B) The liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment provides a reasonable warning about the consequences of misusing the liquefied petroleum gas equipment.

Legislative History

Acts 2007, No. 119, § 1; 2009, No. 481, § 9.