KRS § 411.095 — KY Code / Title XXXVI / Chapter 411 / Section 411.095
411.095 Liability for stealing or damaging goods of retailer or wholesaler
Status: in_force

411.095 Liability for stealing or damaging goods of retailer or wholesaler.

(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.