§ 25-21,276.Diversion of utility services; civil actions; recovery authorized.

Once a utility proves bypassing, tampering, or unauthorized metering under the definitions in section 25-21,275, section 25-21,276 gives it a civil remedy. It can sue anyone who commits, authorizes, solicits, aids, abets, or attempts the violation, and it can separately sue anyone who received the benefit of the diverted service, whether or not that person personally rigged the meter.

Damages depend on whether the loss can be calculated. If the utility can show actual damage or loss with reasonable precision, it recovers that amount. If it cannot, it recovers a liquidated sum of seven hundred fifty dollars instead, a fixed substitute the law provides because tracing exactly how much service was diverted is often impossible after the fact. Either way, the utility can also recover reasonable expenses tied to the violation, disconnection, reconnection, service calls, equipment, court costs, and reasonable attorney fees, on top of the damage award. All of this requires proof that the bypassing, tampering, or unauthorized metering was willful or intentional, not accidental.