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