§ 26.90.040. Liability for damages.

Latest version.

A.

Except for an initial damage to an underground facility that either was not marked after a proper request to do so or which was marked, but not with reasonable accuracy, an excavator who damages any underground facility during excavation shall be absolutely liable to the owner thereof for all costs of repair, including state department of transportation and public facilities approved overhead charges.

B.

Nothing in this section shall affect an excavator's liability for his negligence or gross negligence.

(AO No. 77-222; AO No. 85-213; AO No. 94-3, § 1, 1-25-94)

                    
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