S.B. 21 Enrolled

LIMITATION ON LIABILITY REGARDING
LIQUEFIED PETROLEUM GAS
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Dan R. Eastman

LONG TITLE
General Description:
This bill provides an affirmative defense to specific lawsuits for the liquified petroleum
gas industry.
Highlighted Provisions:
This bill:
. provides an affirmative defense to a lawsuit for persons selling, supplying,
installing, handling, or transporting liquefied petroleum gas if:
. an alteration, modification or repair of equipment was done without the person's
knowledge or consent; or
. the equipment was used in a manner inconsistent with its purpose.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78-27-65, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-27-65 is enacted to read:
78-27-65. Affirmative defense for liquified petroleum gas industry.
(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:
(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
(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, Liquified Petroleum Gas Act, has followed all
applicable standards and procedures established by the Liquified Petroleum Gas Board.