Section 09.65.094. Liability for inspection, installation, or adjustment of a child safety seat.

   (a) Except as provided in (b) of this section, a person other than a manufacturer of child safety seats or an agent or employee of a manufacturer of child safety seats is not liable for civil damages as a result of an act or omission that occurs in the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat if
        (1) the person
             (A) has successfully completed the National Child Passenger Safety Certification Training Program and maintains a current child passenger safety technician or technician instructor certification issued under that program;
             (B) offers or arranges a nonprofit child safety seat educational program, checkup event, or checking station program for the public with instruction by certified child passenger safety technicians or technician instructors; or
             (C) owns property where a nonprofit child safety seat educational program, checkup event, or checking station program for the public occurs with instruction by certified child passenger safety technicians or technician instructors; and
        (2) the services are provided
             (A) without a fee, other than for the reimbursement of actual expenses;
             (B) in good faith; and
             (C) within the scope of training for which the person is currently certified.
   (b) This section does not apply to a civil action
        (1) for damages resulting from gross negligence or wilful or wanton misconduct; or
        (2) where the inspection, installation, or adjustment of a child safety seat, or education provided regarding the inspection, installation, or adjustment of a child safety seat, is performed in conjunction with the for-profit sale of a child safety seat.

Notes

History

(Sec. 1 ch 31 SLA 2016)