Illinois General Assembly - Illinois Compiled Statutes

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220 ILCS 50/9

(220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)

(Text of Section before amendment by P.A. 103-614)

Sec. 9.

When it is shown by competent evidence in any action for
damages to underground utility facilities or CATS facilities that such
damages resulted from excavation or demolition and that the person engaged
in such excavation or demolition failed to comply with the provisions of
this Act, that person shall be deemed prima facie guilty of negligence.
When it is shown by competent evidence in any action for damages to
persons, material or equipment brought by persons undertaking excavation or
demolition acting in compliance with the provisions of this Act that such
damages resulted from the failure of owners and operators of underground
facilities or CATS facilities to comply with the provisions of this Act,
those owners and operators shall be deemed prima facie guilty of negligence.

(Source: P.A. 86-674.)

    (Text of Section after amendment by P.A. 103-614)
    Sec. 9. Negligence.

(a) When it is shown by competent evidence in any action for damages to facilities that such damages resulted from excavation or demolition and that the excavator engaged in such excavation or demolition failed to comply with the provisions of this Act, that excavator shall be deemed prima facie guilty of negligence.

(b) When it is shown by competent evidence in any action for damages to excavators, material, or equipment brought by excavators undertaking excavation or demolition acting in compliance with the provisions of this Act that such damages resulted from the failure of underground utility facility owners or operators to comply with the provisions of this Act, those underground utility facility owners or operators shall be deemed prima facie guilty of negligence.

(Source: P.A. 103-614, eff. 1-1-25.)