§ 49-05-10 — Improper action taken by utility - Damages - Who may sue - Recovery

In case any public utility shall do, 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
thing required to be done, either by the constitution, any law of this state, or any order or
decision of the commission, such public utility shall be liable to the persons, corporations, or
limited liability companies affected thereby for all loss, damages, or injury caused thereby or
resulting therefrom. If the court shall find that the act or omission was willful, the court, in
addition to the actual damages, shall award damages for the sake of example and by way of
punishment. An action to recover for such loss, damage, or injury may be brought in any court of
competent jurisdiction by any corporation, limited liability company, or person. No recovery
under this section in any manner shall affect a recovery by the state of the penalties provided in
this title or the power to punish for contempt.