Who’s Responsible in a Missed Utility Locate? Understanding the Roles in Public vs. Private Locates
At Own Your Safety Inc., we specialize in investigating and defending utility infrastructure damage claims, particularly for the insurance and legal communities. Through our work, we support claims representatives, insurance advisors, underwriters, and lawyers with the insights needed to navigate the complex risks associated with buried utilities. Having been involved in numerous damage investigations and legal cases, I’ve seen firsthand how liability issues can emerge—and how crucial communication and knowledge-sharing are to preventing incidents. Negligence is often less about intentional actions and more about miscommunication or a misunderstanding of each party's role in the process.
Whenever I give a presentation or lead a learning session on the topic of public and private utility locates, there’s always one question I can count on: “If I hire a private locate contractor and they miss a buried facility that I then hit, who’s responsible?”
While it’s a straightforward question, the answer isn’t so simple. Liability in these cases can’t be fully determined without a detailed damage investigation. However, responsibility may fall on one or a combination of the following parties:
Public Locator
Private Locator
Private Landowner
Excavator
To better understand the answer, it’s important to look at the role each of these parties plays in both public and private locate processes. Here’s a breakdown of scenarios where each party could bear responsibility:
Public Locator’s Liability Public locators provide services for 811 utility owners, and their work is often more streamlined because they have utility records and support from the utility owners. This level of access and information isn’t typically available to private locators, who often work “blind.” Nevertheless, public locators may bear liability if:
They were given accurate records from the utility owner but did not locate and mark facilities within the allowed tolerance zone.
They failed to consult records properly, resulting in a missed facility that was marked as “clear” in the work area.
Private Locator’s Liability Private locators often face more challenges because they rarely have complete or accurate records and typically work on private property with limited support. However, they can be at fault if:
They received accurate records from the property owner but did not locate and mark facilities within their stated tolerance distance.
They did not request drawings, access, or conduct interviews with site operations personnel.
They missed an aboveground utility structure that was shown on drawings or was clearly visible on-site.
They provided a “blind” utility locate but did not take reasonable steps to investigate critical areas like mechanical rooms.
They did not document the limitations they encountered during the utility locate on their locate report to ensure their client was fully aware of what they could not locate at the work site.
Private Landowner’s Liability The private landowner also plays a significant role in the locate process. Their actions—or lack thereof—can result in added risk. The landowner may be liable if:
No utility records exist, forcing the private locator to work “blind,” particularly on complex properties where thorough records are essential.
Utility room access or site operations personnel were not made available to the excavator or private locator.
There was a non-traceable buried facility on-site that could not be located, and this risk was not properly mitigated with direction from the property owner.
Excavator’s Liability Excavators carry their share of responsibility as well. Their liability may come into play if:
They did not request utility records from the private landowner or failed to provide them to the private locator.
They did not request utility room access or consult with site operations personnel before work commenced.
They disregarded limitations communicated by the private locator or failed to manage these limitations properly.
They disregarded locate markings or used mechanical equipment within the designated tolerance zone, leading to facility damage.
Closing Thoughts: Communication and Education are Key to Safe Locates
Determining liability in the event of a missed locate requires a thorough investigation. However, a common theme in nearly every damage case is communication—or the lack thereof—between all parties involved. Along with open communication, each party must be well-educated in their role within the locating process.
Whether you’re an excavator, private landowner, or locator, understanding your responsibilities and how you fit into the locate process is essential. For anyone who needs further clarity on their role or is looking to expand their knowledge, my online course, Utility Infrastructure Awareness, is designed to help. This training provides a comprehensive overview to improve safety, reduce risks, and ensure that all buried facilities are accurately marked before any ground disturbance begins.
If you have questions, feedback, or personal experiences to share, feel free to reach out to me at grant.piraine@ownyoursafety.com.
Safe digging, everyone!