The House Judiciary Committee heard SB 361 sponsored by Reps. McMillin, Steuerwald, and Delaney, concerning defense to liability concerning liquefied petroleum gas providers. Sen. Messmer, one of the authors of the bill, explained that this bill provides that the seller, supplier, handler, or transporter of liquefied petroleum gas that was used in: (1) liquefied petroleum gas equipment; or (2) a liquefied petroleum gas appliance; involved in causing bodily injury or property damage has an affirmative defense in any action brought against the seller, supplier, handler, or transporter if a person assumed the risk of causing the bodily injury or property damage because of certain actions taken by the person in altering, modifying, repairing, or using the equipment or appliance.
An amendment was introduced clarifying it is the “provider” (not the seller, supplier, handler or transporter) who has the affirmative defense in an action, and the standard for altering equipment or appliances was changed from “unreasonably alters” to “materially alters.” The amendment also removes language stating that the assumption of a risk is a complete defense to certain actions against a provider of liquefied petroleum gas. A representative from the Indiana Chamber of Commerce testified in favor of the bill. The amendment was adopted by consent and the bill passed 11-0.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/361.