75-5-618. Liability -- defense and exclusions.

149 words·~1 min read·/mt/title-75/chapter-5/part-6/75-5-618

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75-5-618 . Liability -- defense and exclusions.

(1)A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this chapter, a rule adopted under this chapter, or a condition of a permit or authorization required by a rule adopted under this chapter if the person can establish by a preponderance of the evidence that:

(a)the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;

(b)the person has not caused or contributed to the violation; and

(c)the person is making an effort to abate the violation.

(2)For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.