Wash. Rev. Code » Title 4 · Chapter 4.24
Revised Code of Washington

Wash. Rev. Code § 4.24.460 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(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 s 2.]
Notes of Decisions
Cited in 3 cases, 1991–2001 · leading case: Nguyen v. State Health Med. Quality Assur., 29 P.3d 689 (Wash. 2001).
Sort: Relevance Newest Treatment
Nguyen v. State Health Med. Quality Assur., 29 P.3d 689 (Wash. 2001). “" RCW 4.24.460(2) creates a presumption of liability on the part of the operators of nuclear waste repositories that is rebuttable by clear and convincing evidence "that the nuclear incident was not the result of the operator's negligence and that the operator's negligence was…”
Nguyen v. Dep't of Health, 144 Wash. 2d 516 (Wash. 2001). “” RCW 4.24.460(2) creates a presumption of liability on the part of the operators of nuclear waste repositories that is rebuttable by clear and convincing evidence “that the nuclear incident was not the result of the operator’s negligence and that the operator’s negligence was…”
In Re Hanford Nuclear Reservation Litig., 780 F. Supp. 1551 (E.D. Wash. 1991). “See RCW 4.24.460(1) (“Operators are liable for failure to exercise ordinary and rea *1574 sonable care to protect persons and property subject to injury in nuclear incidents” (emphasis supplied)).”
— Wash. Rev. Code § 4.24.460(1) — 1 case
In Re Hanford Nuclear Reservation Litig., 780 F. Supp. 1551 (E.D. Wash. 1991). “See RCW 4.24.460(1) (“Operators are liable for failure to exercise ordinary and rea *1574 sonable care to protect persons and property subject to injury in nuclear incidents” (emphasis supplied)).”
— Wash. Rev. Code § 4.24.460(2) — 2 cases
Nguyen v. State Health Med. Quality Assur., 29 P.3d 689 (Wash. 2001). “" RCW 4.24.460(2) creates a presumption of liability on the part of the operators of nuclear waste repositories that is rebuttable by clear and convincing evidence "that the nuclear incident was not the result of the operator's negligence and that the operator's negligence was…”
Nguyen v. Dep't of Health, 144 Wash. 2d 516 (Wash. 2001). “” RCW 4.24.460(2) creates a presumption of liability on the part of the operators of nuclear waste repositories that is rebuttable by clear and convincing evidence “that the nuclear incident was not the result of the operator’s negligence and that the operator’s negligence was…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.