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Civil immunity for child passenger safety technicians and lenders of child passenger restraint systems and booster seats - 75 Pa. Cons. Stat. § 4586Legal Research Home > Pennsylvania Statutes
§ 4586. Civil immunity for child passenger safety technicians
and lenders of child passenger restraint systems and
booster seats.
(a) Technician immunity.--A child passenger safety
technician or sponsoring organization shall not be civilly
liable for an act or omission that occurs solely in the
inspection, installation or adjustment of a child passenger
restraint system or child booster seat in a motor vehicle or in
the giving of advice or assistance regarding the installation or
adjustment of a child passenger restraint system or child
booster seat in a motor vehicle if:
(1) the child passenger safety technician acts in good
faith and within the scope of the training for which the
technician is currently certified;
(2) the act or omission does not constitute gross
negligence or willful or wanton misconduct;
(3) the inspection, installation or adjustment of the
child passenger restraint system or child booster seat or the
advice or assistance is provided without fee or charge to the
owner or operator of the motor vehicle; and
(4) the inspection, installation or adjustment of the
child passenger restraint system or child booster seat is not
provided in conjunction with the for-profit sale of the child
passenger restraint system or child booster seat.
(b) Lender immunity.--No person or organization who or which
lends to another person or organization a child passenger
restraint system or appropriately fitting child booster seats,
as described in section 4581 (relating to restraint systems),
shall be liable for any civil damages resulting from any acts or
omission, except any act or omission intentionally designed to
harm, or any grossly negligent act or omission resulting in harm
to another.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Child passenger safety technician." An individual who holds
a current certification as a child passenger safety technician
or technician instructor by the National Highway Traffic Safety
Administration of the United States Department of
Transportation, the American Automobile Association or other
entity designated by the National Highway Traffic Safety
Administration.
(Nov. 23, 1987, P.L.399, No.82, eff. imd.; July 15, 2004,
P.L.694, No.75, eff. 60 days)
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Last modified: November 27, 2007 |
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