895.445 Damage to certain machines; action for.
(1) An owner of a machine operated by the insertion of coins, currency, debit cards or credit cards that is damaged by a person acting with the intent to commit a theft from that machine may bring an action against the person.
(2) The owner has the burden of proving his or her case under sub. (1) by a preponderance of the credible evidence.
(3) If the owner prevails in a civil action under sub. (1), he or she may recover all of the following:
(a) Treble damages.
(b) Costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.
(4) An owner may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the damage under sub. (1) and regardless of the outcome of any such criminal action.
History: 1995 a. 133; 2005 a. 155 s. 69; Stats. 2005 s. 895.445.
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