“As a matter of public policy, strict liability may be imposed upon defendants who cause harm as a result of ‘ultrahazardous activities‘—i.e., activities that are so inherently dangerous that even the utmost care cannot eliminate the risk. If the defendant’s activity is not inherently dangerous but a risk of harm to others arises when it is done without due care, liability is based on negligence.”
“The statute of limitations on a strict liability action for ultrahazardous activities depends on the type of injury inflicted. Injuries to real property: Three years. Injuries to personal property: Three years. Personal injuries: Two years.”
“Plaintiff may recover for all harm proximately caused by defendant’s wrongful acts. Punitive damages are available where defendant is guilty of oppression, fraud or malice, proven by clear and convincing evidence. If an ultrahazardous activity creates a nuisance, injunctive relief may be available.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
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