Wisconsin Statutes 895.445 – Damage to certain machines; action for
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Terms Used In Wisconsin Statutes 895.445
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(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.