704.805 - Unlawful acts involving theft or damage to property: Civil remedies.
704.805 Unlawful acts involving theft or damage to property: Civil remedies.
1. Any public utility may bring a civil action for damages against any person who willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service provided by the public utility by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus owned or used by another person;
(b) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or
(c) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied,
Ê and recover a sum equal to treble the amount of the actual damages, plus all reasonable costs and expenses incurred by the public utility because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorney’s fees.
2. There is a rebuttable presumption that the person responsible for payment for the delivery of the service of a public utility to any premises caused or had knowledge of any act specified in subsection 1 if the person:
(a) Is the occupant of the premises; or
(b) Has any access to the system for delivery of the service to the premises.
3. The presumption provided in subsection 2 only shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.
4. A person who willfully or negligently injures or destroys the property of a public utility which is used in the actual production, distribution or delivery of the service provided by the public utility is liable to the public utility for the cost of the repair or replacement of the property injured or destroyed, including the direct and indirect costs attributable to the repair or replacement but subtracting the value, if any, of salvage.
5. Nothing in this section abridges or alters any other right of action or remedy available to a public utility before or after July 1, 1985.
6. As used in this section, “direct and indirect costs attributable to repair or replacement” include, but are not limited to, costs for:
(a) Labor;
(b) Materials;
(c) Supervision of employees;
(d) Supplies;
(e) Tools;
(f) Taxes;
(g) Transportation;
(h) General and administrative expenses;
(i) Allocable benefits for employees;
(j) Allowances for meals; and
(k) Any other related expenses.
(Added to NRS by 1985, 1037; A 1987, 518)