Find Laws Find Lawyers Free Legal Forms USA State Laws

WASHINGTON STATUTES AND CODES

4.24.460 - Liability of operators for nuclear incidents -- Presumption of operator negligence -- Rebuttal -- Recovery for negligence or against other parties not limited by section.

Liability of operators for nuclear incidents — Presumption of operator negligence — Rebuttal — Recovery for negligence or against other parties not limited by section.

(1) Operators are liable for failure to exercise ordinary and reasonable care to protect persons and property subject to injury in nuclear incidents. In addition, operators are liable for operational expenses and emergency purchases incurred by local or state governments in responding to nuclear incidents.

     (2) If a nuclear incident occurs, there is a presumption that the operator of a waste repository was negligent in constructing, operating, or monitoring the waste repository, or in transporting radioactive waste, and that the operator was an actual cause of the nuclear incident. The presumption may be rebutted by a clear and convincing showing by the operator that the nuclear incident was not the result of the operator's negligence and that the operator's negligence was not an actual cause of the nuclear incident.

     (3) This section does not limit the recovery of parties injured by a nuclear incident against the operators of a waste repository under theories of negligence in selecting contractors, failure to retain adequate controls over the waste repository, vicarious liability for contractors, failure to take reasonable precautionary measures with respect to inherently dangerous activities, and other negligence theories. This section does not limit the recovery of parties injured by a nuclear incident against parties other than operators of a waste facility.

[1985 c 275 § 2.]

Washington Forms by Issue

Washington Court Forms
> Probate
Washington Tax Forms

Washington Law

Washington State Laws
    > Washington Child Support
    > Washington Gun Laws
    > Washington Statute
Washington Court
    > Washington Courts
    > Washington State Court Records
    > Washington State Courts
Washington Labor Laws
    > Washington State Jobs
    > Washington State Unemployment
Washington State
    > Washington County Jail
    > Washington State Parks
Washington Tax
    > Washington State Tax
Washington Agencies
    > Washington DMV
    > Washington Secretary of State
    > Washington State Department of Health
    > Washington State Department of Licensing
    > Washington State Department of Revenue
    > Washington State Department of Transportation
    > Washington State Patrol

Washington Court Map

Tips