§ 119-62. Liquefied petroleum gas dealers and their employees, agents, subcontractors; liability limitations.

§ 119‑62.  Liquefiedpetroleum gas dealers and their employees, agents, subcontractors; liabilitylimitations.

(a)        A dealer shall notbe liable for any civil damages resulting from any act or failure to act if thealleged injury, damage, or loss claimed in the action was caused by any one ormore of the following:

(1)        The installation,alteration, modification, or repair of liquefied petroleum gas equipment or aliquefied petroleum gas appliance by a person, other than the dealer, and theinstallation, alteration, modification, or repair was done without theknowledge and consent of the dealer.

(2)        The use of liquefiedpetroleum gas equipment or a liquefied petroleum gas appliance by a person,other than the dealer, in a manner or for a purpose other than that for whichthe equipment or appliance was intended, and the use of the equipment orappliance in a manner or for a purpose other than that for which the equipmentor appliance was intended took place without the knowledge and consent of thedealer.

(3)        The installation ofliquefied petroleum gas equipment or a liquefied petroleum gas appliance by aperson, other than the dealer, in a manner not in accordance with theinstructions of the manufacturer of the equipment or appliance or in a mannernot in accordance with rules adopted under this Article, and the installationof the equipment or appliance in a manner not in accordance with theinstructions of the manufacturer of the equipment or appliance or in a mannernot in accordance with rules adopted under this Article took place without theknowledge and consent of the dealer.

(b)        Nothing in thissection alters a dealer's duty to exercise reasonable care.

(c)        As used in thissection, "dealer" means dealer as defined in G.S. 119‑54 andany employee, agent, and subcontractor of the dealer. (2007‑302, s. 1.)