Sec. 2. (a) Except as provided in subsection (b), a qualified person or entity is immune from civil liability for personal injury or property damage resulting from a person fueling any vehicle with E85 that is not a flexible fuel vehicle.

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Terms Used In Indiana Code 34-30-24-2

  • flexible fuel vehicle: means any vehicle that is equipped to operate when fueled entirely by E85. See Indiana Code 34-30-24-1
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • qualified person or entity: means any person or entity that sells, supplies, distributes, manufactures, or refines E85. See Indiana Code 34-30-24-1
     (b) This section does not apply:

(1) to a qualified person or entity that fails to display all E85 warning signs required by federal or state law; or

(2) if a person’s injury or property damage is a direct result of the gross negligence or willful or wanton misconduct of the qualified person or entity.

As added by P.L.122-2006, SEC.24.