§ 19-1-505 — Liability limitation.

(1) (1)(a) Subject to the other provisions of this section, a person may not be held liable as described in Subsection (1)(b) if:
(1)(a)(i) the person is a manufacturer, processor, distributor, recycler, or seller of an engine coolant; and
(1)(a)(ii) the engine coolant at issue contains denatonium benzoate in a concentration described in Section 19-1-503.
(1)(b) A person described in Subsection (1)(a) may not be held liable to any person for any of the following that results from the inclusion of denatonium benzoate in an engine coolant in the concentrations described in Section 19-1-503:
(1)(b)(i) personal injury;
(1)(b)(ii) death;
(1)(b)(iii) property damage;
(1)(b)(iv) damage to the environment, including natural resources; or
(1)(b)(v) economic loss.
(2) Subsection (1) does not apply to a liability to the extent that:

(2)(a) the cause of the liability is unrelated to the inclusion of denatonium benzoate in an engine coolant; or
(2)(b) the injury described in Subsection (1)(b) is the result of willful or wanton misconduct or gross negligence by a manufacturer, processor, distributor, recycler, or seller of engine coolant.
(3) Nothing in this section shall be construed to exempt any manufacturer or distributor of denatonium benzoate from any liability related to denatonium benzoate.

Legislative History

Enacted by Chapter 170, 2010 General Session