2013 South Dakota Codified Laws
Title 37 - TRADE REGULATION
Chapter 02 - Petroleum Products
§ 37-2-46 Liability of retail dealer in petroleum products limited under certain conditions.
37-2-46. Liability of retail dealer in petroleum products limited under certain conditions. A retail dealer in petroleum products subject to inspection under the provisions of this chapter is not liable for damages caused by the use of incompatible motor fuel dispensed at the retail dealer's retail motor fuel pump, if all of the following apply:
(1) The incompatible motor fuel complies with the specifications for a type of motor fuel as provided in this chapter;
(2) The incompatible motor fuel is selected by a person other than the retail dealer or an employee or agent of the retail dealer; and
(3) The incompatible motor fuel is dispensed from a motor fuel pump that correctly labels the type of fuel dispensed.
For the purposes of this section, a motor fuel is incompatible with a motor according to the manufacturer of the motor.
Source: SL 2013, ch 188, § 1.
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