Utah Code 54-8a-7.5. Third-party damages caused by failure to mark a facility
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(1) If an operator fails to mark 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, the operator who failed to mark the operator’s own 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 that excavates or conducts excavation activities. See Utah Code 54-8a-2
- Mark: means to locate and indicate the existence of a line or facility according to the guidelines published by the association in the association's current version of the excavator's guide. See Utah Code 54-8a-2
- Operator: means a person that owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
(1)(a) the excavator complies with Sections 54-8a-4 , 54-8a-5.5 , and 54-8a-6 ; and
(1)(b) the excavator demonstrates that the damage is the direct result of the operator’s failure to mark the operator’s own facility.
(2) An excavator who damages a third-party operator’s facility as described in Subsection (1):
(2)(a) shall pay for the costs of repairing the damaged facility; and
(2)(b) may seek recovery of the costs of damage from the operator that failed to mark the operator’s own facility.
(3) Resolution of a dispute under this section may be in accordance with Section 54-8a-13 .