Wisconsin Statutes (Last Updated: January 10, 2017) |
Chapter 895. Damages, Liability, And Miscellaneous Provisions Regarding Actions In Courts |
SubChapter I. DAMAGES, RECOVERY, AND MISCELLANEOUS PROVISIONS REGARDING ACTIONS IN COURTS |
Section 895.09. Scrap metal or plastic bulk merchandise container theft; civil liability.
Latest version.
- (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.