895.09 Scrap metal or plastic bulk merchandise container theft; civil liability.
(1) Any owner of nonferrous scrap, a metal article, or a proprietary article, as those terms are defined in s. 134.405 (1), who incurs injury or loss as a result of a violation of s. 134.405 or s. 943.20 may bring a civil action against the person who committed the violation.
(2) If the person who incurs the loss prevails against a person who committed the violation, the court shall grant the prevailing party all of the following:
(a) Actual damages.
(b) Any lost profits that are attributable to the violation and that were not taken into account in determining the amount of actual damages under par. (a).
(c) Notwithstanding the limitations under s. 799.25 or 814.04, costs, disbursements, and reasonable attorney fees.
(3) If the court finds that the violation was committed for the purpose of commercial advantage, the court may award punitive damages to the person who incurs the loss.
(4) Any awards provided under sub. (2) (a) or (b) shall be reduced by the amount of any restitution collected for the same act under s. 800.093 or 973.20.
(5) The person who incurs the loss has the burden of proving by the preponderance of the evidence that a violation of s. 134.405 or 943.20 occurred.
History: 2007 a. 64; 2011 a. 194.
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