Ariz. Rev. Stat. » Title 40
Arizona Revised Statutes

Ariz. Rev. Stat. § 40-360.23 (2026)

Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks

✓ current as of May 2026
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40-360.23. Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks

A. Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from liability for any damage or injury resulting from their negligence.

B. Except as otherwise provided in section 40-360.22, subsection D, after markings have been made pursuant to section 40-360.22, an excavator shall notify either the underground facilities operator or an organization designated by the underground facilities operator if the excavator encounters an underground facility that has not been located and marked or has been marked in the wrong location.

C. An excavator or an underground facilities operator shall not move or obliterate markings made pursuant to this article or fabricate markings in an unmarked location for the purpose of concealing or avoiding liability for a violation of or noncompliance with this article.

Notes of Decisions
Cited in 4 cases, 1979–2009 · leading case: Gunnell v. Arizona Pub. Serv. Co., 46 P.3d 399 (Ariz. 2002).
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Gunnell v. Arizona Pub. Serv. Co., 46 P.3d 399 (Ariz. 2002). · cites it 10× “A.R.S. § 40-360.23(33) provides: After markings have been made pursuant to § 40-360.”
Sprint Commc'ns Co. v. W. Innovations, Inc., 618 F. Supp. 2d 1101 (D. Ariz. 2009). · cites it 2× “Sprint also states that it is entitled to summary judgment on its claim under A.R.S. § 40-360.23(C) against Haydon. This claim is subject to the same statute of limitations.”
Sedona Self Realization Grp. v. Sun-Up Water Co., 598 P.2d 987 (Ariz. 1979). · cites it 3× “” A.R.S. § 40-360.23. “In the event of any damage to or dislocation of any underground facility in connection with any excavation the person responsible for the excavation operations shall immediately notify the owner of such facility.”
Gunnell v. Arizona Pub. Serv. Co., 18 P.3d 176 (Ariz. Ct. App. 2001). · cites it 14× “Section 40-360.23 (1996) provides: A. Obtaining information as required by this article does not excuse any person *179 making any excavation from doing so in a careful and prudent manner.”
— Ariz. Rev. Stat. § 40-360.23(13) — 1 case
Gunnell v. Arizona Pub. Serv. Co., 18 P.3d 176 (Ariz. Ct. App. 2001). “Section 40-360.23 (1996) provides: A. Obtaining information as required by this article does not excuse any person *179 making any excavation from doing so in a careful and prudent manner.”
— Ariz. Rev. Stat. § 40-360.23(33) — 1 case
Gunnell v. Arizona Pub. Serv. Co., 46 P.3d 399 (Ariz. 2002). “A.R.S. § 40-360.23(33) provides: After markings have been made pursuant to § 40-360.”
— Ariz. Rev. Stat. § 40-360.23(A) — 1 case
Gunnell v. Arizona Pub. Serv. Co., 46 P.3d 399 (Ariz. 2002). “A.R.S. § 40-360.23(33) provides: After markings have been made pursuant to § 40-360.”
— Ariz. Rev. Stat. § 40-360.23(B) — 2 cases
Gunnell v. Arizona Pub. Serv. Co., 46 P.3d 399 (Ariz. 2002). “A.R.S. § 40-360.23(33) provides: After markings have been made pursuant to § 40-360.”
Gunnell v. Arizona Pub. Serv. Co., 18 P.3d 176 (Ariz. Ct. App. 2001). “Section 40-360.23 (1996) provides: A. Obtaining information as required by this article does not excuse any person *179 making any excavation from doing so in a careful and prudent manner.”
— Ariz. Rev. Stat. § 40-360.23(C) — 2 cases
Sprint Commc'ns Co. v. W. Innovations, Inc., 618 F. Supp. 2d 1101 (D. Ariz. 2009). “Sprint also states that it is entitled to summary judgment on its claim under A.R.S. § 40-360.23(C) against Haydon. This claim is subject to the same statute of limitations.”
Gunnell v. Arizona Pub. Serv. Co., 18 P.3d 176 (Ariz. Ct. App. 2001). “Section 40-360.23 (1996) provides: A. Obtaining information as required by this article does not excuse any person *179 making any excavation from doing so in a careful and prudent manner.”
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