In addition to and not in lieu of the penalty provided in ORS 165.825 (Sale of drugged horse) (2), any person who buys a horse sold in violation of ORS 165.825 (Sale of drugged horse) (1) may bring an action against the seller for any damages the buyer incurs as a result of the sale. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1971 c.175 §3; 1981 c.897 §8; 1995 c.618 §25]