19-1-505 - Liability limitation.
19-1-505. Liability limitation.
(1) (a) Subject to the other provisions of this section, a person may not be held liable asdescribed in Subsection (1)(b) if:
(i) the person is a manufacturer, processor, distributor, recycler, or seller of an enginecoolant; and
(ii) the engine coolant at issue contains denatonium benzoate in a concentrationdescribed in Section 19-1-503.
(b) A person described in Subsection (1)(a) may not be held liable to any person for anyof the following that results from the inclusion of denatonium benzoate in an engine coolant inthe concentrations described in Section 19-1-503:
(i) personal injury;
(ii) death;
(iii) property damage;
(iv) damage to the environment, including natural resources; or
(v) economic loss.
(2) Subsection (1) does not apply to a liability to the extent that:
(a) the cause of the liability is unrelated to the inclusion of denatonium benzoate in anengine coolant; or
(b) the injury described in Subsection (1)(b) is the result of willful or wanton misconductor gross negligence by a manufacturer, processor, distributor, recycler, or seller of enginecoolant.
(3) Nothing in this section shall be construed to exempt any manufacturer or distributorof denatonium benzoate from any liability related to denatonium benzoate.
Enacted by Chapter 170, 2010 General Session