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...continued from page 13 immunity statutes See Ark Code 15-75-112;
Mich Code 600 2977; Mo Code 323 060 4;
possibility might be to photograph the label Tenn Code 29-34-207
on the tank and preserve the digital image Even though a particular state’s
and related metadata for future reference, if immunity statute may not apply directly to
needed The evidence may not conclusively a claim or suit brought against a dealer, the
establish that the label was present at the time concepts underlying other states’ statutes
of the accident, but it would at least provide may provide avenues for additional defenses
evidence that it was present sometime before in your particular case For instance, a
the accident dealer in Nebraska could buttress their state
In South Carolina and Georgia, immunity law immunity defense with the additional
potentially applies to negligence claims, but defense (borrowed from South Carolina and
not product liability claims See S C Code Georgia) that the claimant’s use of the gas
15-3-690(C) and Ga Code 51-1-15(C) Under system or appliance was in a manner or for a
S C Code 15-3-690 and Ga Code 51-1-15(b), a purpose that was not intended or reasonably
dealer has statutory immunity in two instances: forseseeable Where possible, restating
first, if the proximate cause of injury is an “an another state’s immunity statute as a common
alteration, modification, or repair of the [LP gas law affirmative defense in your case may
equipment or appliance] that could not have provide you with additional avenues to pursue
been discovered by the [LP gas dealer] in the in discovery and could result in a successful
exercise of reasonable care”; and second, defense ■
if the proximate cause of injury is a use of
the gas system or appliance in a manner or
purpose other than that for which [the LP gas
equipment or appliance] was intended to be ASME Tank Trim
used or which could have been reasonably
foreseen, provided the dealer has taken
reasonable steps to warn the consumer of the
hazards associated with foreseeable misuses Liquid
Withdrawal
Note the multiple uses of the word
“reasonable” to trigger application of the Fill Valve
statute Because what is reasonable under the
circumstances is typically a question of fact,
prevailing with this defense before trial would Float Relief Valve
Gauge
be difficult, but not impossible It also highlights
the importance of reviewing your duty to warn
program to confirm that the dealer has taken
“reasonable” steps to warn about foreseeable Multivalve
misuses This includes not only the content
of the warning materials themselves, but also
ideally having policies in place to document Underground
Multivalve
what warnings are given and how they were
provided to the consumer
Other states have different versions of 800.448.9504 | bergquistinc.com
14 Alabama Propane Gas Association | July / August 2020
