Section 895.443. Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.

 

(1)  If a person suffers physical injury to his or her person or emotional distress or damage to or loss of his or her property by reason of conduct that is prohibited under s. 943.012 and that causes damage to any property specified in s. 943.012 (1) to (4) or by reason of conduct that is grounds for a penalty increase under s. 939.645 (1) , the person has a civil cause of action against the person who caused the physical injury, emotional distress, damage or loss.

(2)  The burden of proof in a civil action under sub. (1) rests with the person who suffers the physical injury, emotional distress, damage or loss to prove his or her case by a preponderance of the credible evidence.

(3)  If the plaintiff prevails in a civil action under sub. (1) , he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation which were reasonably incurred.

(4)  A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the physical injury, emotional distress, loss or damage under sub. (1) and regardless of the outcome of any such criminal action.

(5)  This section does not limit the right of a person to recover from any parent or parents under s. 895.035 .

1987 a. 348 ; 2003 a. 243 ; 2005 a. 155 s. 65 ; Stats. 2005 s. 895.443.