§ 8-1-26-22 — Pecuniary loss suffered by operator; civil action; damages; defenses; injunction

Indiana § 8-1-26-22

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 26: Damage to Underground Facilities

Text

(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.

Legislative History

As added by P.L.69-1990, SEC.2.