Sec. 22. (a) If an operator suffers a pecuniary loss as a result of a violation of this chapter, the operator may bring a civil action against the person who caused the loss for the following:
(1) An amount equal to the operator's actual damage to the facility.
(2) The costs of the action.
(3) A reasonable attorney's fee.
(b) At the court's discretion, a court having jurisdiction may award punitive damages up to three (3) times the operator's actual damage.
(c) It is a defense to an action brought under this chapter if an operator fails to comply with the duties imposed under this chapter.
(d) In addition to the remedies described in subsection (a), an operator may bring an action to enjoin a person excavating or demolishing a structure in an area that includes the operator's facilities until that person complies with this chapter.
As added by P.L.69-1990, SEC.2.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
Chapter 26. Damage to Underground Facilities
8-1-26-1. Application of Chapter
8-1-26-1.5. "Advisory Committee"
8-1-26-2. "Approximate Location"
8-1-26-3.5. "Communications Service"
8-1-26-5.2. "Design Information Notice"
8-1-26-8. "Imminent Danger to Life, Health, Property, or Loss of Service"
8-1-26-9. "Mechanized Equipment"
8-1-26-11.2. "Pipeline Facilities"
8-1-26-13. Permit Authorizing Excavation or Demolition; Compliance With Chapter
8-1-26-17. Association Membership; Board of Directors; Association's Duties
8-1-26-19. Emergency Excavation or Demolition; Notice Requirements; Penalties
8-1-26-22. Pecuniary Loss Suffered by Operator; Civil Action; Damages; Defenses; Injunction
8-1-26-24. Underground Plant Protection Account
8-1-26-25. Penalties Under Ic 8-1-22.5 for Pipeline Operators