Section 759.900 - Liability of utility; effect on other remedies; liability for personal injury or property damage(1) Any telecommunications utility which does, or causes or permits to be done, any matter, act or thing prohibited by this chapter or 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. 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 telecommunications utility for personal injury or property damage. 1989 c.827 §4; 1995 c.696 §51