Exceptions

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  • Sections 32b does not apply if
    • (1) the personal injury, death, or property damage resulted from

      • (A) an intentional act or gross negligence;

      • (B) fraud or misrepresentation;

      • (C) breach of an express warranty or guarantee;

      • (D) a defective product. In this subparagraph, “product” means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce;

      • (E) prolonged exposure to hazardous waste; or

    • (2) the facts that would give notice of a potential cause of action are intentionally concealed;

    • (3) the provisions of this section are waived by contract; or

    • (4) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian.


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