Arkansas Code § 15-75-112 - Affirmative Defense

(a) As used in this section:

(1) "Liquefied petroleum gas equipment" means any appliance, equipment, or piping system that uses, stores, or transports liquefied petroleum gas; and

(2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling liquefied petroleum gas.

(b) A liquefied petroleum gas provider shall have an affirmative defense to any action for civil liability for damage or injury caused by:

(1) An alteration or modification of liquefied petroleum gas equipment that is not reasonably foreseeable by the provider and causes the liquefied petroleum gas equipment to be unsafe for use in its altered or modified form; or

(2) The end-user's use of liquefied petroleum gas equipment if:

(A) It is outside the manner or purpose that it could reasonably be intended to be used or renders the liquefied petroleum gas equipment unsafe; and

(B) The liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment provides a reasonable warning about the consequences of misusing the liquefied petroleum gas equipment.

Section: Previous  15-75-102  15-75-103  15-75-104  15-75-105  15-75-106  15-75-107  15-75-108  15-75-109  15-75-110  15-75-111  15-75-112  

Last modified: November 15, 2016