66-1811. Effect of violation of act, liability for damages; application of other laws. (a) In a civil action in a court of this state when it is shown by competent evidence that personal injury, death or other damages, including damage to any underground facilities, occurred as a result of a violation of this act, there shall be a rebuttable presumption of negligence on the part of the violator.
(b) In no event shall the excavator be responsible for any damage to underground facilities if such damage was caused by the failure of the operator to correctly and properly mark the location of the tolerance zone of the damaged facility.
(c) Nothing in this act is intended to limit or modify the provisions of:
(1) K.S.A. 60-258a, and amendments thereto; or
(2) the national electrical safety code, which would otherwise be applicable.
History: L. 1993, ch. 217, § 11; L. 2002, ch. 41, § 8; Jan. 1, 2003.
Structure Kansas Statutes
Article 18 - Utility Damage Prevention
66-1801 Kansas underground utility damage prevention act.
66-1803 Excavator's duty to ascertain location of facilities.
66-1804 Notice of intent of excavation.
66-1805 Notification center; duties and operation; fees; annual report; audits.
66-1806 Identification of location of facilities; duties of operator; liability for damages.
66-1807 Emergency excavations.
66-1808 Application of other laws.
66-1809 Excavator's duty to exercise reasonable care; trenchless excavation; rules and regulations.
66-1810 Contact with or damage to facility; procedure; notification requirements.
66-1811 Effect of violation of act, liability for damages; application of other laws.
66-1812 Violation of act, civil penalties and injunctive relief.
66-1813 Administration and enforcement by corporation commission.
66-1815 Kansas underground utility damage prevention act; rules and regulations.
66-1816 Underground potable water and sanitary sewage facilities; locatable.