Can you explain the negligence in this situation:Company X hires contractors to build a new building. They do not the “call before you dig” regulation, which provides:Before commencing or engaging in any . . . excavation . . . each excavator shall provide notice [by phone] of the location and date of the planned excavation. Its purpose is to give the government time to mark gas/electric lines. When digging the contracting company hits a gas pipe the contractor flies and hits one of my employees who breaks his leg. My employee sues the contracting company ... will he win because of the negligence of the contractor to follow protocol?
violation of a safety standard or procedure may be evidence of negligence, among other factors, provided the standard or rule was put in place to protect this type of victim from this type of harm. For instance, a fire lane outside a store is for emergency access by fire equipment. If you park in the fire lane and someone crashes into you, the fact that it's a fire land has NOTHING to do with either driver's negligence because there is no fire emergency and no fire apparatus involved.
