109-38.403-3—Exceptions.
Exceptions to § 109-38.403-2 of this subpart are as follows:
(a)
As the result of the negligent or willful act of a party other than the organization or it's employee, and the responsible party can be determined; or
(b)
As a result of mechanical failure and the employee was not otherwise negligent. Proof of the failure must be provided; or