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the Georgia Code
2006 Georgia Code - 46-2-90
46-2-90. 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.
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