78B-4-510 - Affirmative defense for liquified petroleum gas industry. - Utah Statutes

78B-4-510. Affirmative defense for liquified petroleum gas industry.
(1) In any action for damages for personal injury, death, or property damage in which aseller, supplier, installer, handler, or transporter of liquified petroleum gas is named as adefendant, it shall be an affirmative defense to liability that:
(a) the equipment or appliance which caused the damage was altered or modified withoutthe 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 forwhich it was intended.
(2) There is a rebuttable presumption that a seller, supplier, installer, handler, ortransporter of liquified petroleum gas and the necessary equipment and appliances, licensed inaccordance with Title 53, Chapter 7, Part 3, Liquified Petroleum Gas Act, has followed allapplicable standards and procedures established by the Liquified Petroleum Gas Board.

Renumbered and Amended by Chapter 3, 2008 General Session