Strict liability for nuclear incidents.

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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.


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