69-4-523. Tort liability for underground facility damage. (1) (a) Except as provided in subsection (1)(b), an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility.

(b) If an underground facility is damaged because an underground facility owner failed to complete a locate in accordance with 69-4-503 or provided an inaccurate locate or marks, the underground facility owner who failed to complete the locate or provided an inaccurate locate or marks is responsible for the entire cost of the repair of the underground facility.

(c) Liability in accordance with this subsection (1) is not a bar to other appropriate civil remedies for damages.

(2) Paying a civil penalty in accordance with this part is not:

(a) an admission of liability; or

(b) a bar to other appropriate civil remedies.

(3) If a person damages an underground facility and there is a release of gas or a hazardous liquid, the person shall call 9-1-1 immediately and request emergency services.

(4) If an excavator damages an underground facility, the excavator shall:

(a) immediately make a 9-1-1 call and request emergency services, if the underground facility is a jurisdictional pipeline and there is a release of gas or a hazardous liquid; and

(b) as soon as practicable, contact the owner of the underground facility. If the excavator is unable to reach the underground facility owner, the excavator shall contact the proper notification center.

(5) This section may not be construed to require the involvement of the department in civil remedies for damages.

History: En. Sec. 4, Ch. 326, L. 2017.