Section 537.297

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 2001   

  537.297.  Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when. — 1.  The following words as used in this section shall have the following meanings:

  (1)  "Owner", all of the following persons:

  (a)  Any person who lawfully owns anhydrous ammonia;

  (b)  Any person who lawfully owns a container, equipment or storage facility containing anhydrous ammonia;

  (c)  Any person responsible for the installation or operation of such containers, equipment or storage facilities;

  (d)  Any person lawfully selling anhydrous ammonia;

  (e)  Any person lawfully purchasing anhydrous ammonia for agricultural purposes;

  (f)  Any person who operates or uses anhydrous ammonia containers, equipment or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes;

  (2)  "Tamperer", a person who commits or assists in the commission of tampering;

  (3)  "Tampering", transferring or attempting to transfer anhydrous ammonia from its present container, equipment or storage facility to another container, equipment or storage facility, without prior authorization from the owners.

  2.  A tamperer assumes the risk of any personal injury, death and other economic and noneconomic loss arising from his or her participation in the act of tampering.  A tamperer or any person related to a tamperer shall not commence a direct or derivative action against any owner as it relates to the act of tampering.  Owners are immune from suit by a tamperer or any person related to a tamperer and shall not be held liable for any negligent act or omission which may cause personal injury, death or other economic or noneconomic loss to a tamperer as it relates to the act of tampering.

  3.  The immunity from liability and suit authorized by this section is expressly waived for owners whose acts or omissions constitute willful or wanton negligence.

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(L. 2001 H.B. 471 merged with S.B. 89 & 37)