(A) As used in this subsection, the following definitions apply:
(1) "System" or "systems" means assembly of equipment consisting of the container and any device that is connected to the container for the utilization of liquefied petroleum gas.
(2) "Dealer" means a person engaging in the installation of liquefied petroleum gas systems or in the manufacture, distribution, sale, storing, or transporting by tank truck, tank trailer, or container of liquefied petroleum gases or engaging in installing, servicing, repairing, adjusting, disconnecting, or connecting appliances to liquefied petroleum gas systems and containers.
(3) "Liquefied petroleum gas" means material composed predominately of hydrocarbons or mixtures of hydrocarbons, including propane, propylene, butanes (normal butane or isobutane), and butylenes.
(B) A liquefied petroleum gas dealer shall be immune from civil liability if the proximate cause of the injury or damage was:
(1) an alteration, modification, or repair of the liquefied petroleum gas system or gas burning appliance that could not have been discovered by the liquefied petroleum gas dealer in the exercise of reasonable care; or
(2) the use of the liquefied petroleum gas system or gas burning appliance in a manner or for a purpose other than that for which the liquid petroleum gas system or gas burning appliance was intended to be used or for which could reasonably have been foreseen, provided that the liquefied petroleum gas dealer or the manufacturer of the liquefied petroleum gas system or gas burning appliance took reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum gas system or gas burning appliance.
(C) Nothing in this subsection shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of the liquefied petroleum gas system or gas burning appliance, or its employees or agents from any other legal claim, including, but not limited to, product liability claims.
(D) Nothing in this subsection shall apply to a cylinder exchange company as defined pursuant to Section 40-82-20(3) or a reseller as defined pursuant to Section 40-82-20(7).
HISTORY: 2010 Act No. 155, Section 1, eff upon approval (became law without the Governor's signature on May 13, 2010).
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 3 - Limitation Of Civil Actions
Section 15-3-20. General rule as to time for commencement.
Section 15-3-30. Exceptions where defendant is out of State.
Section 15-3-40. Exceptions as to persons under disability.
Section 15-3-50. Disability must exist when right accrued.
Section 15-3-60. Effect of two or more disabilities.
Section 15-3-80. Suits by and against enemy aliens.
Section 15-3-90. Effect of reversal of judgment.
Section 15-3-100. Effect of stay of action by injunction or statutory prohibition.
Section 15-3-120. Effect of new promises in writing or part payments.
Section 15-3-140. Contract provision shortening statutory period.
Section 15-3-150. No civil action for criminal conversation permitted.
Section 15-3-210. Short title.
Section 15-3-220. Legislative intent.
Section 15-3-230. Definitions.
Section 15-3-250. Claims pending prior to approval of this article.
Section 15-3-255. Contract provisions.
Section 15-3-260. Severability of provisions of this article.
Section 15-3-310. Action by State.
Section 15-3-320. Action by grantee from State.
Section 15-3-330. Action after State grants or patents have been declared void.
Section 15-3-340. Action by individual for recovery of real property.
Section 15-3-350. Action founded on title or for rents or services.
Section 15-3-360. Action after entry or accrual of right of entry.
Section 15-3-370. Persons under disability.
Section 15-3-380. Effect of forty-year lapse.
Section 15-3-510. General rule.
Section 15-3-520. Within twenty years.
Section 15-3-530. Three years.
Section 15-3-535. Limitation on actions commenced under Section 15-3-530(5).
Section 15-3-540. Three years.
Section 15-3-545. Actions for medical malpractice.
Section 15-3-555. Statute of limitations for action based on sexual abuse or incest.
Section 15-3-570. Action for penalty.
Section 15-3-580. Actions by motor carriers for charges.
Section 15-3-590. Actions against motor carriers for overcharges.
Section 15-3-600. Action for other relief.
Section 15-3-610. Action upon current account.
Section 15-3-620. Actions by State.
Section 15-3-630. Actions against architects, professional engineers or contractors; definitions.
Section 15-3-700. Immunity for property damage incurred in rescue from locked vehicle.