Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Construction and Infrastructure Law
JUNE 20, 2023
The jury’s liability findings apply to a broader class of owners, whose damages will need to be individually proven in a yet-to-be defined second phase of proceedings. In California, for example, there is no intent element, and inverse condemnation claims are strict liability claims. City of Sacramento , 10 Cal. 19, 27 (2002).
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