A. If any underground facility is damaged by any person who failed to make reasonable efforts to determine its location as provided in Chapter 62, Article 14 NMSA 1978, that person shall reimburse the owner of the underground facility for the actual cost of the damage to the underground facility, including the cost of restoration of services. The person engaging in the excavation may also be liable to the owner or operator of the underground facility for the comparative negligence of the person engaging in the excavation which results in damage to the facility for an additional amount not to exceed three hundred thousand dollars ($300,000) for each occurrence.
B. If any underground facility is damaged by any person who has made reasonable efforts to determine its location and the damaged underground facility was correctly located by the owner or operator of the underground facility as provided in Section 62-14-5 NMSA 1978, then that person causing the damage shall be liable to the owner or operator of the underground facility for only the actual cost of damage to the underground facility, including the cost of restoration of service.
C. If any underground facility is damaged by any person who has made reasonable efforts to determine its location and damage to the underground facility is caused by the failure of the owner or operator to correctly locate that underground facility as provided in Section 62-14-5 NMSA 1978, then the person engaging in the excavation shall have no liability for the damage to that facility.
D. It is not the intent of Chapter 62, Article 14 NMSA 1978 to impose civil liability to any person beyond that provided in this section.
History: 1953 Comp., § 12-32-6, enacted by Laws 1973, ch. 252, § 6; 1987, ch. 156, § 6; 2001, ch. 150, § 5.
The 2001 amendment, effective July 1, 2001, substituted "to determine its location" for "to inform himself as to its location" in Subsections A, B and C; and inserted "NMSA 1978" in Subsection D.
The 1987 amendment, effective June 19, 1987, designated the former first sentence as set out in the main pamphlet as Subsection A; in Subsection A, in the first sentence substituted "Chapter 62, Article 14 NMSA 1978, that" for "this act, then such" and "actual cost of the damage to the underground facility, including the cost of restoration of services" for "entire cost of the repair of such facility," added the second sentence and made minor changes in language throughout the subsection; added Subsections B and C; designated the former last sentence of the section as Subsection D and, in that subsection, substituted "Chapter 62, Article 14" for "this act."
Law reviews. — For article, "Bartlett Revisited: New Mexico Tort Law Twenty Years After the Abolition of Joint and Several Liability Part One," see 33 N.M.L. Rev. 1 (2003).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines §§ 35, 36.
Excavator's liability for injury or damage resulting from explosion or fire caused by damaging of gas mains and pipes, 53 A.L.R.2d 1083.
Liability of one excavating on private property for injury to public utility cables, conduits or the like, 28 A.L.R.5th 603.
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