Idaho § 54-5318
Full text of Idaho Idaho Statutes § 54-5318, with citation guidance and answers to common questions.
§ 54-5318.
filling of liquefied petroleum gas containers - restrictions. (1) Except as provided in subsection (3) of this section, a person who fills a leased liquefied petroleum gas container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:
(a) The actual damages to the container lessor, including incidental and consequential damages and attorney’s fees; or
(b) Five hundred dollars ($500) for each violation.
(2) The burden of ascertaining the terms of a written lease for purposes of subsection (1) of this section is on the person filling the liquefied petroleum gas container. A person has ascertained the terms of a written lease if he has:
(a) Read the lease;
(b) Received the assurance of the container owner that the lease does not prohibit the person from filling the container;
(c) Obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; or
(d) The leased liquefied petroleum gas container is clearly labeled, near the container fill point, as a container subject to lease terms prohibiting the filling of the container without the lessor’s permission.
(3) If a lessee misrepresents his ownership or the terms of his written lease, the lessee who made the misrepresentation, and not the person filling the tank, is liable for the damages under subsection (1) of this section.
(4) If a written liquefied petroleum gas container lease restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including:
(a) Typing the restriction in at least two-point larger type than the majority of the document type;
(b) Underlining the restriction; or
(c) Typing the restriction in boldface type.
(5) A lessor whose liquefied petroleum gas container lease does not comply with the provisions of subsection (4) of this section is disqualified from protection under this section.
[54-5318, added 2019, ch. 91, sec. 1, p. 335.]
Frequently Asked Questions About Idaho § 54-5318
What does Idaho Statutes § 54-5318 cover?
Section 54-5318 is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 54-5318?
A common citation format is "Idaho Statutes § 54-5318" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 54-5318 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.