55-1809. Damages; comparative negligence and liability. - Kansas Statutes

55-1809

Chapter 55.--OIL AND GAS Article 18.--PROPANE

      55-1809.   Damages; comparative negligence andliability.(a) In any action brought against a liquefied petroleum gasmarketer for personal injury or property damage,an end retail user's damages shall be reduced by the comparative negligence oftheend retail user or any third party to the extent the action of the end retailuser orthethird party contributed to cause the personal injury or property damage,including, but not limited to, the end retail user's or third party's: (1)Modification, repair, service or alteration of the end retail user's liquefiedpetroleum gas system; or (2) failure to conduct a leak check or inspection ofthe liquefied petroleum gas system after any modification, repair, service oralteration of the end retail user's system.

      (b)   Nothing in this act is intended to limit any claim or defense that an actof an end retail user, third party, marketer or other person or entitycontributed tocause the personal injury or property damage.

      (c)   In any action brought against a liquefied petroleum gas marketer forpersonal injury or property damage, evidence of the marketer's compliance ornoncompliance with this act shall be admissible as evidence to support a claimor defense to the extent such evidence is relevant to the cause of thepersonal injury or property damage.

      (d)   Nothing in this act is intended to limit the liability of any individual,licensee, or liquefied petroleum gas marketer for any damages that arise fromany reckless or intentional actof such individual, licensee or liquefied petroleum marketer.

      (e)   The state fire marshal shall develop an information notice anddistribute the same annually to all licensees. The notice shall include areference to this section, a description of the law and any additionalinformation that the state fire marshal deems necessary and appropriate.

      (f)   Every liquefied petroleum gas marketer in the state of Kansas shallmaintain continuous general liability coverage of not less than $1,000,000 andshall annually provide proof of insurance to the state fire marshal.

      History:   L. 2004, ch. 111, § 3; Apr. 22.