A retail dealer in petroleum products subject to inspection under the provisions of this chapter is not liable for damages caused by the use of incompatible motor fuel dispensed at the retail dealer’s retail motor fuel pump, if all of the following apply:

(1) The incompatible motor fuel complies with the specifications for a type of motor fuel as provided in this chapter;

Terms Used In South Dakota Codified Laws 37-2-46

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) The incompatible motor fuel is selected by a person other than the retail dealer or an employee or agent of the retail dealer; and

(3) The incompatible motor fuel is dispensed from a motor fuel pump that correctly labels the type of fuel dispensed.

For the purposes of this section, a motor fuel is incompatible with a motor according to the manufacturer of the motor.

Source: SL 2013, ch 188, § 1.

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