Section 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.

1995 a. 133 ; 2005 a. 155 s. 69 ; Stats. 2005 s. 895.445.