ID H0094

A person filling a leased liquefied petroleum gas container in violation of written lease terms is liable to the container lessor for actual damages (including attorney's fees) or $500 per violation, whichever is greater.

The person filling the container bears the burden of ascertaining lease terms by reading the lease, obtaining assurance from the owner, getting a signed written statement from the lessee, or verifying clear labeling on the container.

If a lessee misrepresents ownership or lease terms, the lessee making the misrepresentation is liable for damages, not the person filling the container.

Container lessors must plainly state filling restrictions in leases using at least two-point larger type, underlining, or boldface type to draw the lessee's attention to the provision.

A lessor whose lease does not comply with these formatting requirements for restrictions is disqualified from protection under this section.