1. An adult who steals merchandise from, or damages property on, a merchant’s premises is civilly liable for the retail value of the merchandise or the fair market value of the other property, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorney’s fees. An action may be brought even if there has been no criminal conviction for the theft or damage.
2. An action under this section may be brought as a small claim in a Justice Court if the total amount sought does not exceed the statutory limit for such a claim.