ORS 756.185
Right to recover for wrongs and omissions

  • treble damages

(1)

Any public utility which does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapter 756, 757 or 758 or omits to do any act, matter or thing required to be done by such statutes, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the public utility is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

(2)

The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

(3)

Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.

(4)

This section does not apply with respect to the liability of any public utility for personal injury or property damage. [Formerly 757.335; 1973 c.776 §26; 1981 c.856 §1; 1981 c.897 §104a; 1987 c.447 §86; 1989 c.827 §1; 1995 c.696 §48; 1995 c.733 §63]

Source: Section 756.185 — Right to recover for wrongs and omissions; treble damages, https://www.­oregonlegislature.­gov/bills_laws/ors/ors756.­html.

Notes of Decisions

This section does not require that violations be wilful, wanton, or malicious. Holman Transfer Co. v. Pac. NW Bell Tel. Co., 287 Or 387, 599 P2d 1115 (1979)

Where defendant-telephone company’s erroneous directory listing did not violate “adequate service” requirement of ORS 757.020, plaintiff-physician was not entitled to treble damages under this section. Garrison v. Pacific NW Bell, 45 Or App 523, 608 P2d 1206 (1980)

756.010
Definitions 756.014
Public Utility Commission 756.016
Quorum 756.022
Oath of office 756.026
Prohibited interests of commissioner and family 756.028
Employee statements regarding prohibited interests 756.032
Employee dismissal for retention of prohibited interests or failure to file statements 756.034
Intent of prohibited interest provisions 756.036
Duties and functions 756.037
Commission authority to provide assistance, information, resources and advice to Legislative Assembly 756.040
General powers 756.045
Employing legal counsel 756.047
Authority of commission to require fingerprints 756.050
Office, office supplies and sessions of commission 756.055
Delegation of authority 756.060
Authority to adopt rules and regulations 756.062
Substantial compliance with laws adequate for commission activities 756.068
Service of notice or other legal process 756.070
Investigating management of utilities 756.075
Right of entry for examination of equipment, records or employees 756.090
Maintaining and producing records 756.105
Duty to furnish information to commission 756.115
Failure to furnish requested information 756.125
Interference with commission equipment 756.160
Enforcement of statutes and ordinances relating to utilities 756.180
Enforcing utility laws 756.185
Right to recover for wrongs and omissions 756.200
Effect of utility laws on common law and other statutory rights of action, duties and liabilities 756.305
Public Utility Commission Account 756.310
Annual fees payable by utilities and telecommunications providers 756.320
Statements accompanying fees 756.325
Distribution of information filed with commission 756.350
Penalty for failure to pay fees 756.360
Disposal and use of fees and penalties collected 756.450
Declaratory rulings 756.500
Complaint 756.512
Notice of complaint to defendant 756.515
Investigations and hearings on commission’s own motion 756.518
Procedures applicable to all matters before commission 756.521
Public hearings 756.525
Parties to proceedings 756.528
Segregation of issues 756.534
Place of hearings 756.538
Taking and use of depositions 756.543
Issuance of subpoenas 756.549
Self-incrimination of witnesses in commission proceedings 756.552
Self-incrimination of witnesses in court proceedings 756.555
Powers of commission at hearings 756.558
Taking of evidence 756.561
Rehearing 756.565
Prima facie effect of commission actions 756.568
Rescission, suspension and amendment of orders 756.572
Effect of orders on successors in interest 756.575
Notice of acceptance of terms of orders 756.610
Judicial review 756.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 756.185’s source at oregon​.gov