Section 392.350

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 392

Effective - 28 Aug 1987   

  392.350.  Liability for loss or damage. — In case any telecommunications company shall do or cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or other thing required to be done by this chapter or by any order or decision of the commission, such telecommunications company shall be liable to the person or corporation affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the court shall find that such an act or omission was willful, it may, in its discretion, fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as a part of the costs in the action.  An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any such person or corporation.

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(RSMo 1939 § 5666; A.L. 1987 H.B. 360)

Prior revisions: 1929 § 5210; 1919 § 10498

(1984) The term "all damages" includes punitive damages and any allowance of attorney's fees, in the court's discretion as a means of equalizing the disparate positions of the parties.  The term "willful", as used in this section, is not the level of intent needed for criminal liability of for punitive damages in tort cases.  Overman v. Southwestern Bell Telephone Co. (Mo. App. W.D.), 675 S.W.2d 419.