Utah Code 78B-4-510. Affirmative defense for liquified petroleum gas industry
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(1) In any action for damages for personal injury, death, or property damage in which a seller, supplier, installer, handler, or transporter of liquified petroleum gas is named as a defendant, it shall be an affirmative defense to liability that:
Terms Used In Utah Code 78B-4-510
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) the equipment or appliance which caused the damage was altered or modified without the consent or knowledge of the seller, supplier, installer, handler, or transporter; or
(1)(b) the equipment or appliance was used in a manner or for a purpose other than that for which it was intended.
(2) There is a rebuttable presumption that a seller, supplier, installer, handler, or transporter of liquified petroleum gas and the necessary equipment and appliances, licensed in accordance with Title 53, Chapter 7, Part 3, Liquefied Petroleum Gas Act , has followed all applicable standards and procedures established by the Liquified Petroleum Gas Board.