Missouri § 319.035 - Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence.
Full text of Missouri Revised Statutes of Missouri § 319.035 — Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence., with citation guidance and answers to common questions.
§ 319.035. Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence.
1. Obtaining information as required by sections 319.010 to 319.050 does not excuse any person making any excavation from doing so in a careful and prudent manner.
2. Nothing in sections 319.010 to 319.050 shall relieve an excavator from the obligation to excavate in a safe and prudent manner, nor shall it absolve an excavator from liability for damage to underground facilities except as provided in section 319.034.
3. The failure of any excavator to give notice of proposed excavation activities as required by this chapter shall be a rebuttable presumption of negligence on his or her part in the event that such failure shall cause injury, loss, or damage. In addition to any penalties provided herein, liability under common law may apply.
4. The failure of an underground facility owner or a locator or other contractor engaged by the facility owner to mark the facility owner's facilities that are located in an area of excavation described in a notice of intent to excavate received by the underground facility owner, as required by section 319.030, or the failure of an underground facility owner to be a notification center participant, consistent with the provisions of section 319.022, shall be a rebuttable presumption of negligence on the part of such owner, and of the locator or other contractor engaged by the facility owner, in the event that such failure shall cause injury, loss, or damage. In addition to any penalties provided herein, liability under common law may apply.
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(L. 1976 S.B. 583 § 6, A.L. 1991 S.B. 214 & 264, A.L. 2014 H.B. 1867, A.L. 2025 S.B. 133)
---- end of effective 28 Aug 2025 ----
Source: official Missouri text · Last verified 2026-08-27
Frequently Asked Questions About Missouri § 319.035
What does Revised Statutes of Missouri § 319.035 cover?
Section 319.035 ("Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Missouri § 319.035?
A common citation format is "Revised Statutes of Missouri § 319.035" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Missouri law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.
How does Missouri § 319.035 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.