40-423. Liability of public service corporation to persons for injury resulting from violation of chapter
A. If any public service corporation does or permits to be done anything forbidden or declared to be unlawful, or omits to do anything required to be done, by the constitution or laws of the state, or by orders of the commission, the corporation is liable to the persons affected thereby for all loss, damages or injury caused thereby or resulting therefrom. If the court finds that the act or omission was wilful, it may also award exemplary damages.
B. A recovery under this section shall not in any manner affect a recovery by the state of the penalties provided in this chapter, or the exercise by the commission of its power to punish for contempt.
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