59.1-414 - Application.
§ 59.1-414. Application.
A. The owner or operator of overhead high voltage lines shall not be liablefor damage or loss to any person or property caused by work within 10 feet ofoverhead high voltage lines, unless notice has been given as required by §59.1-411 and the owner or operator of the overhead high voltage line hasfailed to comply with the provisions of § 59.1-410.
B. Any person responsible for the work who violates the requirements of §59.1-408 and whose subsequent activities within the vicinity of overhead highvoltage lines cause damage to utility facilities or cause injury or damageto any person or property shall indemnify the owner or operator of suchoverhead high voltage lines against all claims arising from personal injuryor death, property damage, or service interruptions, together with attorneys'fees and other costs incurred in defending any such claims directly resultingfrom work in violation of § 59.1-408.
C. Except as provided in subsection A, nothing in this chapter shall beconstrued or applied so as to alter the duty or degree of care applicable toowners or operators of overhead high voltage lines with respect to damage toproperty, personal injury or death.
D. Except for the rights provided to the owner or operator of the overheadhigh voltage line in subsection B, nothing contained in this chapter shall beconstrued to alter, amend, restrict, or limit the exclusive remedy provisionsof § 65.2-307.
(1989, c. 341; 2003, c. 364.)