Montana § 69-4-523 - Tort Liability For Underground Facility Damage

Full text of Montana Montana Code Annotated § 69-4-523 — Tort Liability For Underground Facility Damage, with citation guidance and answers to common questions.

§ 69-4-523. Tort Liability For Underground Facility Damage

Tort liability for underground facility damage. (1) (a) Except as provided in subsection (1)(b), an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility. (b) If an underground facility is damaged because an underground facility owner failed to complete a locate in accordance with 69-4-503 or provided an inaccurate locate or marks, the underground facility owner who failed to complete the locate or provided an inaccurate locate or marks is responsible for the entire cost of the repair of the underground facility. (c) Liability in accordance with this subsection (1) is not a bar to other appropriate civil remedies for damages. (2) Paying a civil penalty in accordance with this part is not: (a) an admission of liability; or (b) a bar to other appropriate civil remedies. (3) If a person damages an underground facility and there is a release of gas or a hazardous liquid, the person shall call 9-1-1 immediately and request emergency services. (4) If an excavator damages an underground facility, the excavator shall: (a) immediately make a 9-1-1 call and request emergency services, if the underground facility is a jurisdictional pipeline and there is a release of gas or a hazardous liquid; and (b) as soon as practicable, contact the owner of the underground facility. If the excavator is unable to reach the underground facility owner, the excavator shall contact the proper notification center. (5) This section may not be construed to require the involvement of the department in civil remedies for damages.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 69-4-523

What does Montana Code Annotated § 69-4-523 cover?

Section 69-4-523 ("Tort Liability For Underground Facility Damage") is part of the Montana Code Annotated, the codified statutory law of Montana. 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 Montana § 69-4-523?

A common citation format is "Montana Code Annotated § 69-4-523" (Montana). 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 Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 69-4-523 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana 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 Montana.