Missouri Revised Statutes
Chapter 392 - Telephone and Telegraph Companies
Section 392.350 - Liability for loss or damage.

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.

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXV - Incorporation and Regulation of Certain Utilities and Carriers

Chapter 392 - Telephone and Telegraph Companies

Section 392.010 - Telephone and telegraph corporations, by whom and how formed.

Section 392.020 - Articles, where filed — powers when incorporated.

Section 392.030 - Powers of corporation.

Section 392.040 - Election of directors — appointment of officers.

Section 392.050 - Directors, procedure for election of.

Section 392.060 - Meeting of board.

Section 392.070 - Consolidation of companies.

Section 392.080 - May construct lines on public roads — consent of city required — constructive easement acquired, when.

Section 392.090 - Mode of construction may be directed, by whom.

Section 392.100 - May enter upon lands, when.

Section 392.110 - No contract for exclusive use of land.

Section 392.120 - Power to own and maintain lines.

Section 392.130 - Companies to provide facilities to meet public needs — penalty for failure to deliver messages.

Section 392.140 - Duties in forwarding dispatches over other lines.

Section 392.150 - Employees to notify sender when message cannot be transmitted immediately — penalty.

Section 392.160 - Penalty for transmitting false communications.

Section 392.170 - Liability for negligence in transmitting and delivering messages — not to disclose contents — penalty.

Section 392.175 - Operator services, live operator to be provided, when.

Section 392.180 - What definitions to apply.

Section 392.185 - Purpose of chapter.

Section 392.190 - Application of sections 392.190 to 392.530.

Section 392.200 - Adequate service — just and reasonable charges — unjust discrimination — unreasonable preference — reduced rates permitted for federal lifeline connection plan — delivery of telephone and telegraph messages — customer — specific pri...

Section 392.201 - Electronic publishing limitations — adoption of provisions — public service commission to administer — exception.

Section 392.205 - Public schools to have reduced rates.

Section 392.210 - Reports and records of telecommunication companies.

Section 392.220 - Rates, schedules, suspension of, when — revocation of certificate of service, penalty.

Section 392.230 - Charges for short and long distance service — power of commission to stay increased rates — hearing, requirements, small telephone company, requirements.

Section 392.240 - Rates — rentals — service and physical connections.

Section 392.245 - Companies to be regulated, when — maximum prices, determined how, changed how — classification — change of rates — nonwireless basic local telecommunications services, exempt from maximum allowable prices.

Section 392.246 - Petition for rate relief — relief to be granted, when.

Section 392.248 - Universal service board created, purpose, powers, duties, members — assessment, failure to pay, penalty — eligibility for funding — carriers of last resort — commission's duties — limited liability.

Section 392.250 - Power of commission to order repairs or changes.

Section 392.270 - Power of commission to ascertain valuation of property of telegraph and telephone corporations.

Section 392.280 - Depreciation account required — application for change, information required — ruling, when — minimum rates in lieu of fixed rates.

Section 392.290 - Right to issue stocks, bonds and notes is subject to regulation by state — exception — limitation on powers of commission.

Section 392.300 - Transfer of property and ownership of stock without consent of commission prohibited — impact of transfer on local tax revenues, information on to be furnished, to whom, procedure.

Section 392.310 - Approval of issues of stocks, bonds and other forms of indebtedness.

Section 392.320 - Certificate of commission to be recorded — stock dividends, permitted when.

Section 392.330 - Account for disposition of proceeds — issue void, when, exception — penalties — state not liable.

Section 392.340 - Reorganization.

Section 392.350 - Liability for loss or damage.

Section 392.360 - Forfeiture — penalties.

Section 392.361 - Classification of telecommunications company, services — procedure — effect of classification.

Section 392.370 - Transitionally competitive telecommunications services, classified when.

Section 392.380 - Applicability of law to competitive and transitionally competitive telecommunications companies and services.

Section 392.390 - Minimum requirements of telecommunications companies, reports to be filed with commission.

Section 392.400 - Noncompetitive telecommunication services, rates not to cover expenses of competitive services, exception — complaint may be filed by another company, purpose — commission may examine records, purpose.

Section 392.410 - Certificate of public convenience and necessity required, exception — certificate of interexchange service authority, required when — duration of certificates — temporary certificates, issued when — political subdivisions restricted...

Section 392.415 - Call location information to be provided in emergencies — immunity from liability, when.

Section 392.420 - Regulations, modification of, company may request by petition, when — waiver, when.

Section 392.430 - Certificates to be approved, when.

Section 392.440 - Service authority, certificate of, approved when.

Section 392.450 - Requirements, approval of certificates — commission to adopt rules — modification, when — federal law not preempted.

Section 392.451 - State adopts federal exemption for certain rural telephone companies.

Section 392.455 - Commission to establish certification process.

Section 392.460 - Abandonment of service, commission must approve — definitions — carriers of last resort, relief from obligation, when, criteria, waivers — exemption for St. Louis County*, St. Louis City, portions of Kansas City.

Section 392.461 - Exemption from certain rules, telecommunications companies.

Section 392.470 - Conditions, commission may impose, when — compensation to other companies, when, commission may order.

Section 392.475 - Prohibition of resale, when.

Section 392.480 - Services to be offered under tariff.

Section 392.500 - Changes in rates, competitive telecommunication services, procedure.

Section 392.510 - Tariffs, bands and ranges allowed, when, requirements.

Section 392.520 - Private shared tenant services, coin operated telephone services, regulation of.

Section 392.530 - Construction of provisions of the chapter.

Section 392.540 - Public service commission to promulgate rules on changes of telecommunications providers.

Section 392.550 - Interconnected voice over internet protocol service, registration required — charges to apply — procedure for registration — authority of commission.

Section 392.605 - Local exchange telecommunications companies to decrease certain rates for three years — exemption.

Section 392.611 - Inapplicability of laws and rules, when — universal service fund surcharge — broadband not subject to regulation, when — no exemption from rules, when — alternative certification.