319.040. The failure of any excavator to give notice ofproposed excavation activities as required by this chapter shallbe a rebuttable presumption of negligence on his part in theevent that such failure shall cause injury, loss or damage. Inaddition to any penalties provided herein, liability under commonlaw may apply.
(L. 1976 S.B. 583 ยง 7, A.L. 1991 S.B. 214 & 264)