§ 811 — Civil liability

Delaware § 811

• Jurisdiction: Delaware
• Title: 26
• Ch. 8: UNDERGROUND UTILITY DAMAGE PREVENTION AND SAFETY
• Subch.: Underground Utility Damage Prevention and Safety Act

Text

(a) Obtaining information as required by this chapter does not excuse any person making any excavation or demolition from doing so in a careful and prudent manner, nor shall it excuse any person from liability for any damage or injury resulting from the excavation or demolition.

(b) If the information required to be provided by operators pursuant to § 803 of this title is not provided in accordance with the terms thereof, any person damaging or injuring underground facilities of such operator shall not be liable for such damage or injury except on proof of negligence.

(c) Failure by DNREC to notify or otherwise contact an excavator or designer prior to a properly noticed excavation or demolition at any DNREC Regulated Site shall not relieve such excavator or designer from complying with all applicable federal, state, county or municipal laws or regulations, nor shall it create any liability in DNREC for any damage or injury resulting from any such excavation or demolition.

Legislative History

62 Del. Laws, c. 148, § 2 ; 69 Del. Laws, c. 455, § 1 ; 72 Del. Laws, c. 323, § 4