Sec. 09.65.094. Liability for inspection, installation, or adjustment of a child safety seat.
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Sec. 09.65.094. Liability for inspection, installation, or adjustment of a child safety seat.
(a)Except as provided in
(b)of this section, a person other than a manufacturer of child safety seats or an agent or employee of a manufacturer of child safety seats is not liable for civil damages as a result of an act or omission that occurs in the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat if
(1)the person
(A)has successfully completed the National Child Passenger Safety Certification Training Program and maintains a current child passenger safety technician or technician instructor certification issued under that program;
(B)offers or arranges a nonprofit child safety seat educational program, checkup event, or checking station program for the public with instruction by certified child passenger safety technicians or technician instructors; or
(C)owns property where a nonprofit child safety seat educational program, checkup event, or checking station program for the public occurs with instruction by certified child passenger safety technicians or technician instructors; and
(2)the services are provided
(A)without a fee, other than for the reimbursement of actual expenses;
(B)in good faith; and
(C)within the scope of training for which the person is currently certified.
(b)This section does not apply to a civil action
(1)for damages resulting from gross negligence or wilful or wanton misconduct; or
(2)where the inspection, installation, or adjustment of a child safety seat, or education provided regarding the inspection, installation, or adjustment of a child safety seat, is performed in conjunction with the for-profit sale of a child safety seat.