☰ Revisor of Missouri

Title XXI PUBLIC SAFETY AND MORALS

Chapter 319

Effective - 01 Jan 2015, see footnote bottom

  319.035.  Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence. — 1.  Obtaining information as required by sections 319.010 to 319.050 does not excuse any person making any excavation from doing so in a careful and prudent manner.

  2.  Nothing in sections 319.010 to 319.050 shall relieve an excavator from the obligation to excavate in a safe and prudent manner, nor shall it absolve an excavator from liability for damage to underground facilities.

  3.  The failure of any excavator to give notice of proposed excavation activities as required by this chapter shall be a rebuttable presumption of negligence on his or her part in the event that such failure shall cause injury, loss, or damage.  In addition to any penalties provided herein, liability under common law may apply.

  4.  The failure of an underground facility owner to mark his or her facilities that are located in an area of excavation described in a notice of intent to excavate received by the underground facility owner, as required by section 319.030, or the failure of an underground facility owner to be a notification center participant, consistent with the provisions of section 319.022, shall be a rebuttable presumption of negligence on the part of such owner in the event that such failure shall cause injury, loss, or damage.  In addition to any penalties provided herein, liability under common law may apply.

­­--------

(L. 1976 S.B. 583 § 6, A.L. 1991 S.B. 214 & 264, A.L. 2014 H.B. 1867)

Effective 1-01-15


---- end of effective   01 Jan 2015 ----

use this link to bookmark section  319.035


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Oversight MOLIS Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@23:31:14.2 23 :)