California Civil Code § 3333.5

Civil Code
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(a) Each pipeline corporation that qualifies as a public utility within Section 216 of the Public Utilities Code that transports any crude oil or fraction thereof in a public utility oil pipeline system that meets the requirements of subdivision (h) shall be absolutely liable without regard to fault for any damages incurred by any injured party that arise out of, or are caused by, the discharge or leaking of crude oil or fraction thereof from the public utility pipeline. (b) A pipeline corporation is not liable to an injured party under this section for any of the following: (1) Damages, other than costs of removal incurred by the state or a local government caused solely by an act of war, hostilities, civil war, or insurrection or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable, and irresistible character, other than an earthquake, which damages could not have been prevented or avoided by the exercise of due care or foresight. (2) Damages in the proportion caused by the negligence, intentional malfeasance, or criminal act of the landowner, or an agent, employee, or contractor of the landowner, upon whose property the pipeline system is located. (3) Except as provided by paragraph (2), damages caused solely by the negligence or intentional malfeasance of the injured person. (4) Except as provided by paragraph (2), damages caused solely by the criminal act of a third party other than the pipeline corporation or an agent or employee of the pipeline corporation. (5) Natural seepage from sources other than the public utility oil pipeline. (6) Damages that arise out of, or are caused by, a discharge that is authorized by a state or federal permit. (c) Damages for which a pipeline corporation is liable under this section are the following: (1) All costs of response, containment, cleanup, removal, and treatment, including, but not limited to, monitoring and administration costs. (2) Injury to, or economic losses resulting from destruction of or injury to, real or personal property. (3) Injury to, destruction of, or loss of, natural resources, including, but not limited to, the reasonable cost of rehabilitating wildlife, habitat, and other resources and the reasonable cost of assessing that injury, destruction, or loss, in any action brought by the state, a county, city, or district. (4) Loss of taxes, royalties, rents, use, or profit shares caused by the injury, destruction, loss, or impairment of use of real property, personal property, or natural resources. (5) Loss of use and enjoyment of natural resources and other public resources or facilities in any action brought by the state, county, city, or district. (d) The court may award reasonable costs of the suit, attorneys’ fees, and the cost of any necessary expert witnesses to any prevailing plaintiff. The court may award reasonable costs of the suit, attorneys’ fees, and the cost of any necessary expert witnesses to any prevailing defendant if the court finds that the plaintiff commenced or prosecuted the suit under this section in bad faith or solely for purposes of harassing the defendant. (e) (1) A pipeline corporation shall immediately clean up all crude oil, or any fraction thereof, that leaks or is discharged from a pipeline subject to this section. Additionally, the pipeline corporation shall abate immediately, or as soon as practical, the effects of the leak or discharge and take all other necessary remedial action. (2) A pipeline corporation may recover the costs of the activities specified in this section for which it is not at fault by means of any otherwise available cause of action, including, but not limited to, indemnification or subrogation. (f) This section shall not apply to claims, or causes of action, for damages for personal injury or wrongful death. (g) This section shall not prohibit any party from bringing any action for damages under any other provision or principle of law, including but not limited to, com

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