| (1) |
If an operator fails to locate a facility as required by this chapter and an excavator damages another operator’s facility of a similar size and appearance that fits surface markings as required by Subsection 54-8a-5(1)(b), the operator who failed to locate its facility is liable for the costs of damage to the facility caused by the excavator if:
Terms Used In Utah Code 54-8a-7.5- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Excavator: means any person or entity that excavates or conducts excavation activities. See Utah Code 54-8a-2
- Operator: means a person who owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
| (a) |
the excavator complies with Sections 54-8a-4, 54-8a-5.5, and 54-8a-6; and |
| (b) |
the excavator demonstrates that the damage is the direct result of the operator’s failure to locate its facility. |
|
| (2) |
An excavator who damages a third-party operator’s facility as described in Subsection (1):
| (a) |
shall pay for the costs of repairing the damaged facility; and |
| (b) |
may seek recovery of the costs of damage from the operator who failed to mark its facility. |
|
| (3) |
Resolution of a dispute under this section may be in accordance with Section 54-8a-13. |
Enacted by Chapter 426, 2011 General Session
