| (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:
Terms Used In Utah Code 78B-4-510- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (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 3, has followed all applicable standards and procedures established by the Liquified Petroleum Gas Board. |
Renumbered and Amended by Chapter 3, 2008 General Session
