New Mexico § 62-14-6 - Liability for damage to underground facilities

§ 62-14-6. Liability for damage to underground facilities

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.