§ 56-265.25. Liability of operator and excavator; penalties.
A. 1. If any underground utility line is damaged as a proximate result of aperson's failure to comply with any provision of this chapter, that personshall be liable to the operator of the underground utility line for the totalcost to repair the damaged facilities as that cost is normally computed bythe operator, provided the operator is a member of the notification centercovering the area in which the damage to the utility line takes place. Theliability of such a person for such damage shall not be limited by reason ofthis chapter.
2. Any person who willfully fails to notify the notification center ofproposed excavation or demolition shall be liable to the operator as providedin subsection A of § 56-265.17.
3. If, after receiving proper notice, an operator fails to discharge a dutyimposed by any provision of this chapter and an underground utility line ofsuch operator is damaged, as a proximate result of the operator's failure todischarge such duty, by any person who has complied with all of theprovisions of this chapter, such person shall not be so liable.
B. If an underground utility line of an operator is damaged, as the proximateresult of the operator's failure to comply with any provision of thischapter, by any person who has complied with the provisions of this chapter,the operator shall be liable to such person for the total cost to repair anydamage to the equipment or facilities of such person resulting from suchdamage to the operator's underground utility line.
C. Except as specifically set forth herein, the provisions of this chaptershall not be construed to either abrogate any rights, duties, or remediesexisting under law or create any rights, duties, defenses, or remedies inaddition to any rights, duties, or remedies existing under law.
(1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890.)
§ 56-265.25. Liability of operator and excavator; penalties.
A. 1. If any underground utility line is damaged as a proximate result of aperson's failure to comply with any provision of this chapter, that personshall be liable to the operator of the underground utility line for the totalcost to repair the damaged facilities as that cost is normally computed bythe operator, provided the operator is a member of the notification centercovering the area in which the damage to the utility line takes place. Theliability of such a person for such damage shall not be limited by reason ofthis chapter.
2. Any person who willfully fails to notify the notification center ofproposed excavation or demolition shall be liable to the operator as providedin subsection A of § 56-265.17.
3. If, after receiving proper notice, an operator fails to discharge a dutyimposed by any provision of this chapter and an underground utility line ofsuch operator is damaged, as a proximate result of the operator's failure todischarge such duty, by any person who has complied with all of theprovisions of this chapter, such person shall not be so liable.
B. If an underground utility line of an operator is damaged, as the proximateresult of the operator's failure to comply with any provision of thischapter, by any person who has complied with the provisions of this chapter,the operator shall be liable to such person for the total cost to repair anydamage to the equipment or facilities of such person resulting from suchdamage to the operator's underground utility line.
C. Except as specifically set forth herein, the provisions of this chaptershall not be construed to either abrogate any rights, duties, or remediesexisting under law or create any rights, duties, defenses, or remedies inaddition to any rights, duties, or remedies existing under law.
(1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890.)
§ 56-265.25. Liability of operator and excavator; penalties.
A. 1. If any underground utility line is damaged as a proximate result of aperson's failure to comply with any provision of this chapter, that personshall be liable to the operator of the underground utility line for the totalcost to repair the damaged facilities as that cost is normally computed bythe operator, provided the operator is a member of the notification centercovering the area in which the damage to the utility line takes place. Theliability of such a person for such damage shall not be limited by reason ofthis chapter.
2. Any person who willfully fails to notify the notification center ofproposed excavation or demolition shall be liable to the operator as providedin subsection A of § 56-265.17.
3. If, after receiving proper notice, an operator fails to discharge a dutyimposed by any provision of this chapter and an underground utility line ofsuch operator is damaged, as a proximate result of the operator's failure todischarge such duty, by any person who has complied with all of theprovisions of this chapter, such person shall not be so liable.
B. If an underground utility line of an operator is damaged, as the proximateresult of the operator's failure to comply with any provision of thischapter, by any person who has complied with the provisions of this chapter,the operator shall be liable to such person for the total cost to repair anydamage to the equipment or facilities of such person resulting from suchdamage to the operator's underground utility line.
C. Except as specifically set forth herein, the provisions of this chaptershall not be construed to either abrogate any rights, duties, or remediesexisting under law or create any rights, duties, defenses, or remedies inaddition to any rights, duties, or remedies existing under law.
(1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890.)
