2006 Utah Code - 54-8a-6 — Duties and liabilities of the person who excavates.

     54-8a-6.   Duties and liabilities of the person who excavates.
     (1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator.
     (2) (a) An excavator is not liable for damage to an underground facility if he or she has:
     (i) given proper notice of the proposed excavation as required in this chapter;
     (ii) marked the area of the proposed excavation as required in Section 54-8a-4;
     (iii) complied with Section 54-8a-5.5; and
     (iv) complied with Section 54-8a-7.
     (b) An excavator is not liable for damage to an underground facility if an operator has failed to comply with Section 54-8a-5 or 54-8a-9.

Amended by Chapter 198, 1998 General Session