---
title: O.C.G.A. § 46-2-90. Liability of companies subject to jurisdiction of commission generally; venue for actions generally; award of attorney’s fee.
collection: code
id: 46-2-90
cite_as: O.C.G.A. § 46-2-90 (2025)
canonical_url: https://georgiacommons.org/code/46-2-90
md_url: https://georgiacommons.org/code/46-2-90.md
text_url: https://georgiacommons.org/code/46-2-90/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t46-(v34)-2025-pdf.pdf?sfvrsn=48adb3c4_0#page=123
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / PUBLIC SERVICE COMMISSION / MISCELLANEOUS OFFENSES AND PENALTIES
---

# O.C.G.A. § 46-2-90. Liability of companies subject to jurisdiction of commission generally; venue for actions generally; award of attorney’s fee.

If any company under the jurisdiction of the commission does, causes to be done, or permits to be done any act which is prohibited, forbidden, or declared to be unlawful, or fails to do any act which is required either by a law of this state or by an order of the commission, such company shall be liable to the persons affected thereby for all loss, damage, or injury caused thereby or resulting therefrom. An action to recover for such loss, damage, or injury may be brought in any court of competent jurisdiction by any such person. In case of recovery, if the jury finds that such act or failure to act was willful, it may fix a reasonable attorney’s fee, which shall be taxed and collected as part of the costs of the case.

## History

Ga. L. 1907, p. 72, § 9; Civil Code 1910, § 2666; Code 1933, § 93-415.

## Law Reviews

For article advocating that payment of attorneys fees be assigned to the losing party, see 18 Ga. B.J. 439 (1956).

For annual survey of recent developments, see 38 Mercer L. Rev. 473 (1986).

For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).