HB 1252 – AS INTRODUCED
2008 SESSION
05/01
HOUSE BILL 1252
AN ACT limiting civil liability of liquefied petroleum gas providers under certain circumstances.
SPONSORS: Rep. Ingbretson, Graf 5
This bill limits the liability of liquefied petroleum gas providers for the misuse or alteration of the product by the consumer.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2408
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT limiting civil liability of liquefied petroleum gas providers under certain circumstances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Limitations on Liability; Liquefied Petroleum Gas Provider. Amend RSA 507 by inserting after section 8-h the following new section:
507:8-i Liquefied Petroleum Gas Provider; Limitation on Civil Liability.
I. In this section:
(a) “Liquefied petroleum gas equipment” means an appliance or equipment that uses liquefied petroleum gas.
(b) “Liquefied petroleum gas provider” means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas.
II. A liquefied petroleum gas provider is not liable for any civil or other damages if the proximate cause of the injury or damage is caused by either:
(a) 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.
(b) 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 could reasonably have been foreseen to be used, if the liquefied petroleum gas provider or the liquefied petroleum gas equipment manufacturer has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the gas equipment.
III. This section shall not affect, modify, or eliminate the liability of a liquefied petroleum gas equipment manufacturer or its employees or agents under any legal claim, including product liability claims.
2 Effective Date. This act shall take effect January 1, 2009.