§ 12-717 — Liquefied petroleum gas provider; liability; definitions

A. In any civil action against a liquefied petroleum gas provider for civil or other damages, the liquefied petroleum gas provider is liable only for the amount of damages that are in proportion to the liquefied petroleum gas provider's percentage of fault and is not liable for the amount of damages allocated to fault attributed to either:

1. An alteration or modification of liquefied petroleum gas equipment that was not reasonably foreseeable, that was made by a person other than the liquefied petroleum gas provider and that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care.

2. The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen to be used, if the liquefied petroleum gas provider or the liquefied petroleum gas equipment manufacturer has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the gas equipment.

B. This section does not affect, modify or eliminate the liability of a liquefied petroleum gas equipment manufacturer or its employees or agents under any legal claim, including product liability claims.

C. For the purposes of this section:

1. "Liquefied petroleum gas equipment" means a liquefied petroleum gas appliance or other liquefied petroleum gas equipment.

2. "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting or selling at retail liquefied petroleum gas, but does not include a liquefied petroleum gas equipment manufacturer.