29-34-207 - Liability for liquefied petroleum gas. - Tennessee Statutes

29-34-207. Liability for liquefied petroleum gas.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Liquefied petroleum gas equipment” means storage vessels, piping, liquefied petroleum gas appliances, or any other item that is installed by a liquefied petroleum gas provider; and

     (2)  “Liquefied petroleum gas provider” means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state.

(b)  A liquefied petroleum gas provider shall be immune from civil liability, if the proximate cause of the injury or damages was caused by:

     (1)  An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or

     (2)  The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen; provided, that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum equipment.

(c)  Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.

(d)  No defendant may allege or prove that a person or entity caused or contributed to causing a plaintiff's injuries, death, or other losses, unless the plaintiff could have maintained an action against the person.

[Acts 2006, ch. 759, § 1.]