60-4601. Immunity from liability for owners of anhydrous ammonia.
60-4601
60-4601. Immunity from liability for owners ofanhydrous ammonia.As used in this act:
(a) (1) "Owner" means:
(A) Any person who lawfully owns anhydrous ammonia;
(B) any person who lawfully owns a container, equipment or storage facilitycontaining anhydrous ammonia;
(C) any person responsible for the installation or operation of suchcontainers, equipment or storage facilities;
(D) any person lawfully selling anhydrous ammonia;
(E) any person lawfully purchasing anhydrous ammonia for agriculturalpurposes; or
(F) any person who operates or uses anhydrous ammonia containers, equipmentor storage facilities when lawfully applying anhydrous ammonia for agriculturalpurposes.
(2) "Tamperer" means a person who commits or assists in the commission oftampering.
(3) "Tampering" means illegally transferring or attempting to transferanhydrous ammonia from its present container, equipment or storage facility toanother container, equipment or storage facility.
(b) A tamperer assumes the risk of any personal injury, death and othereconomic and noneconomic loss to such tamperer arising fromsuch tamperer's participation in the act of tampering.Owners are immune from suit by a tamperer based on the tamperer's actions.
(c) Owners shall not be held liable or subject to a law suit for anynegligent act or omission which may cause personal injury, death or othereconomic or noneconomic loss to any third party based on the tamperer'sactions. The provisions of this subsection shall expire on July 1,2016.
(d) The immunity from liability and suit authorized by this section isexpressly waived for owners whose acts or omissions constitutewillful, wanton, reckless or intentional conduct.
History: L. 2002, ch. 144, § 1;L. 2006, ch. 102, § 1; July 1.