66-1811.Effect of violation of act, liability fordamages; application ofother laws.(a) In a civil action in a court of this state when it isshown by competent evidence thatpersonal injury, death or other damages, including damage to any undergroundfacilities, occurred as a result of a violation of this act, there shall bea rebuttable presumption of negligence on the part of the violator.
(b) In no event shall the excavator be responsible for anydamage tounderground facilities if such damage was caused by the failure of theoperator to correctly and properly mark the location of the tolerance zoneof the damaged facility.
(c) Nothing in this act is intended to limit or modify theprovisions of:
(1) K.S.A. 60-258a, and amendments thereto; or
(2) the national electrical safety code, which would otherwise beapplicable.
66-1811.Effect of violation of act, liability fordamages; application ofother laws.(a) In a civil action in a court of this state when it isshown by competent evidence thatpersonal injury, death or other damages, including damage to any undergroundfacilities, occurred as a result of a violation of this act, there shall bea rebuttable presumption of negligence on the part of the violator.
(b) In no event shall the excavator be responsible for anydamage tounderground facilities if such damage was caused by the failure of theoperator to correctly and properly mark the location of the tolerance zoneof the damaged facility.
(c) Nothing in this act is intended to limit or modify theprovisions of:
(1) K.S.A. 60-258a, and amendments thereto; or
(2) the national electrical safety code, which would otherwise beapplicable.
66-1811.Effect of violation of act, liability fordamages; application ofother laws.(a) In a civil action in a court of this state when it isshown by competent evidence thatpersonal injury, death or other damages, including damage to any undergroundfacilities, occurred as a result of a violation of this act, there shall bea rebuttable presumption of negligence on the part of the violator.
(b) In no event shall the excavator be responsible for anydamage tounderground facilities if such damage was caused by the failure of theoperator to correctly and properly mark the location of the tolerance zoneof the damaged facility.
(c) Nothing in this act is intended to limit or modify theprovisions of:
(1) K.S.A. 60-258a, and amendments thereto; or
(2) the national electrical safety code, which would otherwise beapplicable.
