RCW 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.
(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.]
Structure Revised Code of Washington
Chapter 4.24 - Special Rights of Action and Special Immunities.
4.24.005 - Tort actions—Attorneys' fees—Determination of reasonableness.
4.24.010 - Action for injury or death of child.
4.24.020 - Action by parent for seduction of child.
4.24.040 - Action for negligently permitting fire to spread.
4.24.050 - Kindling of fires by persons driving lumber.
4.24.060 - Application of common law.
4.24.070 - Recovery of money lost at gambling.
4.24.080 - Action to recover leased premises used for gambling.
4.24.090 - Validity of evidence of gambling debt.
4.24.130 - Action for change of name—Fees.
4.24.140 - Action by another state to enforce tax liability.
4.24.141 - Action by another state to enforce tax liability—"Taxes" defined.
4.24.150 - Action for fines or forfeitures.
4.24.160 - Action for penalty—Amount of recovery.
4.24.170 - Judgment for penalty or forfeiture—Effect of collusion.
4.24.180 - Disposition of fines, fees, penalties and forfeitures—Venue.
4.24.235 - Physicians—Immunity from liability regarding safety belts.
4.24.250 - Health care provider filing charges or presenting evidence—Immunity—Information sharing.
4.24.260 - Health professionals making reports, filing charges, or presenting evidence—Immunity.
4.24.264 - Boards of directors or officers of nonprofit corporations—Liability—Limitations.
4.24.300 - Immunity from liability for certain types of medical care.
4.24.310 - Persons rendering emergency care or transportation—Definitions.
4.24.311 - Immunity from liability for certain care or assistance at scene of emergency or disaster.
4.24.330 - Action for damages caused by criminal street gang tagging and graffiti.
4.24.345 - Unlawfully summoning a law enforcement officer—Civil action.
4.24.410 - Dog handler using dog in line of duty—Immunity.
4.24.450 - Liability of operators for nuclear incidents—Definitions.
4.24.470 - Liability of officials and members of governing body of public agency—Definitions.
4.24.490 - Indemnification of state employees.
4.24.500 - Good faith communication to government agency—Legislative findings—Purpose.
4.24.530 - Limitations on liability for equine activities—Definitions.
4.24.540 - Limitations on liability for equine activities—Exceptions.
4.24.545 - Electronic monitoring or 24/7 sobriety program participation—Limitation on liability.
4.24.550 - Sex offenders and kidnapping offenders—Release of information to public—Website.
4.24.5501 - Sex offenders—Model policy—Work group.
4.24.551 - Law enforcement response to secure community transition facility—Limitation on liability.
4.24.555 - Release of information not restricted by pending appeal, petition, or writ.
4.24.560 - Defense to action for injury caused by indoor air pollutants.
4.24.570 - Acts against animals in research or educational facilities.
4.24.575 - Acts against animals kept for agricultural or veterinary purposes.
4.24.580 - Acts against animal facilities—Injunction.
4.24.590 - Liability of foster parents.
4.24.601 - Hazards to the public—Information—Legislative findings, policy, intent.
4.24.630 - Liability for damage to land and property—Damages—Costs—Attorneys' fees—Exceptions.
4.24.640 - Firearm safety program liability.
4.24.660 - Liability of school districts under contracts with youth programs.
4.24.670 - Liability of volunteers of nonprofit or governmental entities.
4.24.680 - Unlawful release of court and law enforcement employee information—Exception.
4.24.710 - Outdoor music festival, campground—Detention.
4.24.720 - Liability immunity—Amber alerts.
4.24.730 - Liability immunity—Disclosure of employee information to prospective employer.
4.24.740 - Liability immunity—Bovine handling activities.
4.24.790 - Electronic impersonation—Action for invasion of privacy.
4.24.800 - Liability immunity—Charitable donation of eyeglasses or hearing instruments.
4.24.820 - Nonrecognition of foreign order—Incompatibility with public policy.
4.24.830 - Agritourism—Definitions.
4.24.832 - Agritourism—Immunity.
4.24.835 - Agritourism—Warning notice.
4.24.850 - Action by victim of false reporting—Liability to a public agency.
4.24.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.