[CLC-Discussion] Question Regarding Fla. Stat. 556 Underground Facility Damage Prevention & Safety/One-Call System

[Marika Sevin]

Any help with the following issue would be much appreciated.

 

Background: 

 

Utility contractor hit unmarked "inactive" utility lines (after giving
proper notice of excavation via 811 One-Call system per Fla. Stat. 556).
Incident caused damage to contractor's equipment and resulted in damages
to contractor for delays. Facility owner claims it is not responsible
for marking "inactive" lines under Fla. Stat. 556 and thus is not liable
for damages.

 

Question: 

 

(Part I) Are facility owners responsible for marking inactive lines
under Fla. Stat. 556? 

 

(Part II) Does the analysis/answer change depending on whether the line
was inactive, retired, or abandoned?

 

(Part III) If facility owners are not responsible for marking inactive
lines under Fla. Stat. 556, are they liable for damages caused by their
inactive lines under any other theory of law?

 

Please let me know if there is anyone I should speak with that may have
some insight on this issue.

 

Thank you,

 

Marika Sevin

Associate Attorney & Mediator*

 

707 Peninsular Place
Jacksonville, Florida 32204

Phone (904) 354-5200
Facsimile (904) 354-5256
Marika.Sevin at atritt.com <mailto:%5Be-mail%5D> 
www.atritt.com <http://www.atritt.com/> 

 

*Florida Supreme Court Certified Circuit Civil Mediator

 

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