54-5318. FILLING OF LIQUEFIED PETROLEUM GAS CONTAINERS — RESTRICTIONS. (1) Except as provided in subsection (3) of this section, a person who fills a leased liquefied petroleum gas container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:
(a) The actual damages to the container lessor, including incidental and consequential damages and attorney’s fees; or
(b) Five hundred dollars ($500) for each violation.
(2) The burden of ascertaining the terms of a written lease for purposes of subsection (1) of this section is on the person filling the liquefied petroleum gas container. A person has ascertained the terms of a written lease if he has:
(a) Read the lease;
(b) Received the assurance of the container owner that the lease does not prohibit the person from filling the container;
(c) Obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; or
(d) The leased liquefied petroleum gas container is clearly labeled, near the container fill point, as a container subject to lease terms prohibiting the filling of the container without the lessor’s permission.
(3) If a lessee misrepresents his ownership or the terms of his written lease, the lessee who made the misrepresentation, and not the person filling the tank, is liable for the damages under subsection (1) of this section.
(4) If a written liquefied petroleum gas container lease restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including:
(a) Typing the restriction in at least two-point larger type than the majority of the document type;
(b) Underlining the restriction; or
(c) Typing the restriction in boldface type.
(5) A lessor whose liquefied petroleum gas container lease does not comply with the provisions of subsection (4) of this section is disqualified from protection under this section.
History:
[54-5318, added 2019, ch. 91, sec. 1, p. 335.]