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Alabama’s Underground Damage Prevention legislation has been enacted since 1994. Over the years there have been amendments to strengthen and improve the damage prevention program in our state. We will focus on some of the key terms and sections to ensure a thorough understanding of underground damage prevention as outlined in Alabama state law.
Alabama Statute 37-15-4: Notice of Intent to Excavate or Demolish
This Section, §37-15-4 (i) addresses liability or relief of liability related to excavation damage:
(i) Any person who complies with
the notification requirements of this chapter is not liable for damage to an operator’s underground facility if all of the following are satisfied:
(1) The operator received the notification required by Section 27-15-4.
(2) The operator failed to locate its underground facilities as required by Section 37-15-6.
(3) The damage is a proximate result of the operator’s failure to locate its underground facilities as required by Section 37-15-6.
Prior to this 2019 legislative change, it had always been the understood rule that if an excavator utilized the 811 system and a facility owner failed to mark their lines timely, the excavator was not responsible for the damage costs. However, nothing in the law provided this release from liability. In 2019, the above section was amended
in the law. This was the first time there was actual liability coverage for the excavator if they followed all the requirements of the law but a damage occurred as a result of the failure of the facility owner to mark their lines.
Legislative Corner
2024, Issue 4
Alabama 811
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