78B-4-510. Affirmative defense for liquified petroleum gas industry.
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78B-4-510. Affirmative defense for liquified petroleum gas industry.
(1)In any action for damages for personal injury, death, or property damage in which a seller, supplier, installer, handler, or transporter of liquified petroleum gas is named as a defendant, it shall be an affirmative defense to liability that:
(a)the equipment or appliance which caused the damage was altered or modified without the consent or knowledge of the seller, supplier, installer, handler, or transporter; or
(b)the equipment or appliance was used in a manner or for a purpose other than that for which it was intended.
(2)There is a rebuttable presumption that a seller, supplier, installer, handler, or transporter of liquified petroleum gas and the necessary equipment and appliances, licensed in accordance with Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act , has followed all applicable standards and procedures established by the Liquified Petroleum Gas Board.
Renumbered and Amended by Chapter 3 , 2008 General Session