Whoos responsibility is it to replace underground cables damaged by a landscaping project?

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Whoos responsibility is it to replace underground cables damaged by a landscaping project?

We planned on doing some landscaping in our yard. We called 811 to come mark all the lines before we started any digging. Two different companies showed up over time and marked with red and orange spray paint. We have an email confirmation showing proof that we contacted 811. We ended up cutting through a fiber optic cable in an area that was never marked by any company. The cable company is telling us that we have to pay for the damages to run a new fiber optic cable. Are we legally at fault when they never came out to mark?

Asked on October 12, 2010 under General Practice, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you should contact your homeowners insurance company on this matter and speak with an attorney as well.  From my understanding it is the law for you to call 811 prior to digging and that the call connects residents to SSOCOF which notifies appropriate utility companies of the intent to dig.  But you need an attorney in the area familiar with the law to tell you if there is a certain amount of time you have to wait, what you obligation is if you know that not all utilities have responded and if the law makes it your responsibility ultimately if what happened happens.  You absolutely obeyed the law and called 811.  Now you have to check and see if everyone else obeyed it too.  Good luck.


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