537.297. Transfer of anhydrous ammonia, tamperer assumes risk--owners immune from liability and suit, when.
Transfer of anhydrous ammonia, tamperer assumes risk--owners immunefrom liability and suit, when.
537.297. 1. The following words as used in this section shall havethe following meanings:
(1) "Owner", all of the following persons:
(a) Any person who lawfully owns anhydrous ammonia;
(b) Any person who lawfully owns a container, equipment or storagefacility containing anhydrous ammonia;
(c) Any person responsible for the installation or operation of suchcontainers, equipment or storage facilities;
(d) Any person lawfully selling anhydrous ammonia;
(e) Any person lawfully purchasing anhydrous ammonia for agriculturalpurposes;
(f) Any person who operates or uses anhydrous ammonia containers,equipment or storage facilities when lawfully applying anhydrous ammoniafor agricultural purposes;
(2) "Tamperer", a person who commits or assists in the commission oftampering;
(3) "Tampering", transferring or attempting to transfer anhydrousammonia from its present container, equipment or storage facility toanother container, equipment or storage facility, without priorauthorization from the owners.
2. A tamperer assumes the risk of any personal injury, death andother economic and noneconomic loss arising from his or her participationin the act of tampering. A tamperer or any person related to a tamperershall not commence a direct or derivative action against any owner as itrelates to the act of tampering. Owners are immune from suit by a tampereror any person related to a tamperer and shall not be held liable for anynegligent act or omission which may cause personal injury, death or othereconomic or noneconomic loss to a tamperer as it relates to the act oftampering.
3. The immunity from liability and suit authorized by this section isexpressly waived for owners whose acts or omissions constitute willful orwanton negligence.
(L. 2001 H.B. 471 merged with S.B. 89 & 37)