GNC.4.3.090 Retail Theft; Civil Liability

(a) Any person who incurs injury to his or her business or property as a result of a violation of Section GNC.4.3.080 may bring a civil action against any individual who caused the loss for all of the following:

(1) The retail value of the merchandise unless it is returned undamaged and unused. A person may recover under this paragraph only if he or she exercises due diligence in demanding the return of the merchandise immediately after he or she discovers the loss and the identity of the person who has the merchandise.

(2) Any actual damages not covered under par. (1).

(b) In addition to sub. (a), if the person who incurs the loss prevails, the judgment in the action may grant any of the following:

(1) Punitive damages of not more than 3 times the amount under sub. (a), provided that no person may receive double compensation under both this section and Section GNC.4.3.080.

(2) If the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor, the punitive damages may not exceed 2 times the amount under sub. (a).

(3) No additional proof is required for an award of punitive damages under this paragraph.

(4) All actual costs of the action, including reasonable attorney fees.

(c) Notwithstanding sub. (b) and except as provided in sub. (d), the total amount awarded for punitive damages and reasonable attorney fees may not exceed $1,000.

(d) Notwithstanding sub. (b), the total amount awarded for punitive damages and reasonable attorney fees may not exceed $500 if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.

(e) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under Section GNC.4.3.080. A judgment under Section GNC.4.3.080 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.