319.040. The failure of any excavator to give notice of proposed excavation activities as required by this chapter shall be a rebuttable presumption of negligence on his part in the event that such failure shall cause injury, loss or damage. In addition to any penalties provided herein, liability under common law may apply.
(L. 1976 S.B. 583 § 7, A.L. 1991 S.B. 214 & 264)