Legal Question in Civil Litigation in Massachusetts

I nicked the gas service line to my house while digging with a manual pick for a low garden stone wall. The gas line location, parallel and a few feet behind the wall, was about 10 inches below the surface of finish grade. The gas company charged me nearly $1,500 to repair it because I failed to notify Digsafe. Under MGL c.82 sec40 I don't think that I am an "excavator" because "excavation" definition excludes excavation by tools manipulated only by human power for gardening purposes. Am I still liable for the charge?


Asked on 8/27/09, 12:37 pm

1 Answer from Attorneys
Warren Wood Law Offices of Warren Wood

Although a read of M.G.L. Chapter 82, Section 40 would seem to exlude your "dig" as a gardening homeowner from its official notice and marking requirements, you might be construed to be an "excavator" under the statute. The statute does not appear to be aimed at your type activities. Yet it is reasonable to expect the utility company to take the position that your activities (i.e. negligence), caused the damage and necessitated the expenditure of repair costs.

Under the circumstances this outcome may not be the worst case scenario for this accident. Apparently no one was injured or killed, and there was no additional property damage. I would assume also that there was no major interruption of service, any one of which could have produced budget breaking liability on you and your home insurer.

Read more
Answered on 9/01/09, 5:58 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Massachusetts