§ 20-137.5. Child passenger safety technician; limitation of liability.
§ 20‑137.5. Childpassenger safety technician; limitation of liability.
(a) The followingdefinitions apply in this section:
(1) Certified childpassenger safety technician. A certified child passenger safety technician isan individual who has successfully completed the U.S. Department ofTransportation National Highway Traffic Safety Administration's (NHTSA)National Standardized Child Passenger Safety Certification Training Program andwho maintains a current child passenger safety technician or technicianinstructor certification through the current certifying body for the NationalChild Passenger Safety Training Program as designated by the National HighwayTraffic Safety Administration.
(2) Sponsoringorganization. A sponsoring organization is a person or organization otherthan a manufacturer of or employee or agent of a manufacturer of child safetyseats that:
a. Offers or arrangesfor the public a nonprofit child safety seat educational program, checkupevent, or checking station program utilizing certified child passenger safetytechnicians; or
b. Owns property uponwhich a nonprofit child safety seat educational program, checkup event, orchecking station program for the public occurs utilizing certified childpassenger safety technicians.
(b) Limitation ofLiability. Except as provided in subsection (c) of this section, a certifiedchild passenger safety technician or sponsoring organization shall not beliable to any person as a result of any act or omission that occurs solely inthe inspection, installation, or adjustment of a child safety seat or inproviding education regarding the installation or adjustment of a child safetyseat if:
(1) The service isprovided without fee or charge other than reimbursement for expenses, and
(2) The child passengersafety technician or sponsoring organization acts in good faith and within thescope of training for which the technician is currently certified.
(c) Exceptions. Thelimitation on liability shall not apply under any of the following conditions:
(1) The act or omissionof the certified child passenger safety technician or sponsoring organizationconstitutes willful or wanton misconduct or gross negligence.
(2) The inspection,installation, or adjustment of a child safety seat or education providedregarding the installation or adjustment of a child safety seat is inconjunction with the for‑profit sale of a child safety seat. (2008‑178, s. 1.)