411.095 Liability for stealing or damaging goods of retailer or wholesaler.
512 words·~2 min read·
/ky/chapter-411/411-095A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)An adult or emancipated minor who damages, destroys, or takes possession of any
goods, wares, or merchandise, stored, displayed, or offered for sale by any
wholesale or retail store or other mercantile establishment, or who alters the price
indicia of the merchandise, in violation of the provisions of KRS Chapters 512 and
514, without having paid the purchase price thereof, shall be civilly liable to the
owner for actual damages, if any, and for a penalty to the owner in the amount of
the retail value of the merchandise not to exceed five hundred dollars ($500), plus
an additional penalty to the owner of not less than one hundred dollars ($100) nor
more than two hundred fifty dollars ($250).
(2)The custodial parents or legal guardian having custody of an unemancipated minor
who damages, destroys, or takes possession of any goods, wares, or merchandise,
stored, displayed, or offered for sale by any wholesale or retail store or other
mercantile establishment, or who alters the price indicia of the merchandise, which
would be a public offense, without having paid the purchase price thereof, shall be
civilly liable to the owner for actual damages, if any, and for a penalty to the owner
in the amount of the retail value of the merchandise not to exceed five hundred
dollars ($500), plus an additional penalty to the owner of not less than one hundred
dollars ($100) nor more than two hundred fifty dollars ($250). For purposes of this
subsection, liability shall not be imposed upon any governmental entity, private
agency, or foster parents assigned responsibility for the minor child pursuant to a
court order or action of the Cabinet for Health and Family Services, or any agency
thereunder.
(3)For the purposes of this section, "owner" shall include any agent or employee of the
owner.
(4)A conviction of an offense under KRS Chapters 512 or 514 is not a condition
precedent to the maintenance of a civil action under this section.
(5)Civil liability under this section shall not be limited by any other law that limits
liability of parents of minor children.
(6)An action for recovery of damages, or penalty, or both, and costs under this section
may be brought in any court of competent jurisdiction, including the small claims
division of District Court, if the total amount sought does not exceed the
jurisdictional limit of the respective court.
(7)The fact that an owner has a right to bring an action against any individual as
provided in this section shall not limit the right of the owner to demand, in writing,
that a person who is liable under this section remit the amount of the claim prior to
the commencement of any legal action.
(8)Judgments, but not claims, arising under this section may be assigned.
(9)In addition to any civil damages or penalties, or both, which may be recovered
under this section, a judgment for recovery shall also include court costs.
(10)Civil claims under this section shall apply to those claims which arise after July 13,
1990.