A person may not maintain an action against the manufacturer, distributor or supplier of an electronic signaling device for any loss or damage incurred during wilderness travel or mountain climbing, based on a claim that the device failed to function successfully unless the person shows that the failure resulted from:
(1) Willful or wanton misconduct of the defendant; or
(2) The defendant’s distributing or supplying the device having actual knowledge that the device is unsuitable for the purpose. [Formerly 401.627]