MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A
By: Representative Zuber
AN ACT TO PROVIDE AN AFFIRMATIVE DEFENSE TO LIQUEFIED PETROLEUM GAS PROVIDERS IN CIVIL ACTIONS FOR DAMAGE OR INJURY CAUSED BY CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this act, unless the context clearly indicates otherwise:
(a) "Liquefied petroleum gas equipment" means any appliance, equipment, or piping system that uses, stores or transports liquefied petroleum gas; and
(b) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting or selling liquefied petroleum gas.
(2) A liquefied petroleum gas provider shall have an affirmative defense to any action for civil liability for damage or injury caused by:
(a) An alteration or modification of liquefied petroleum gas equipment that was not reasonably foreseeable by the provider and caused the equipment to be unsafe for use in its altered or modified form; or
(b) The end-user's use of liquefied petroleum gas equipment:
(i) Was outside of the manner or purpose that could reasonably have been intended to be used or rendered the equipment unsafe; and
(ii) The liquefied petroleum gas provider or the
equipment's manufacturer provided a reasonable warning about the consequences of misusing the equipment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.