Any person who causes the release of any nuclear material being transported shall be strictly liable for all injuries and damages resulting therefrom. The conduct of the claimant shall not be a defense to liability; except that this section does not waive any defense based on the claimant's failure to mitigate damages or related to any injury or damage to the claimant or the claimant's property which is intentionally sustained by the claimant or which results from the release of any nuclear material being transported intentionally and wrongfully caused by the claimant.
Source: L. 94: Entire title amended with relocations, p. 2535, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 43-6-509 as it existed prior to 1994.
Structure Colorado Code
Title 42 - Vehicles and Traffic
Article 20 - Transportation of Hazardous and Nuclear Materials
Part 5 - Nuclear Materials Permit System
§ 42-20-501. Nuclear Materials Transportation Permit Required - Application
§ 42-20-503. Carrying of Shipping Papers
§ 42-20-504. Rules and Regulations
§ 42-20-505. Penalties - Permit System
§ 42-20-506. Permit Suspension and Revocation
§ 42-20-507. Local Government Preemption
§ 42-20-508. Route Designation - Motor Vehicles
§ 42-20-509. Strict Liability for Nuclear Incidents