Limitations on Liability of Liquefied Petroleum Gas Providers

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  2. Georgia Code
  3. Torts
  4. General Provisions
  5. Limitations on Liability of Liquefied Petroleum Gas Providers

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  1. As used in this Code section, the term:
    1. "Liquefied petroleum gas equipment" means a liquefied petroleum gas appliance or liquefied petroleum gas equipment.
    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.
  2. A liquefied petroleum gas provider shall be immune from civil liability if the proximate cause of the injury or damages was:
    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 for which 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 gas equipment.
  3. Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees or agents under any legal claim, including but not limited to product liability claims.
  4. This Code section shall apply to any cause of action arising on or after July 1, 2005.

(Code 1981, §51-1-51, enacted by Ga. L. 2005, p. 1177, § 1/SB 139.)


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