A person who violates a provision of sections 3764-3766 of this title, shall be further liable in a civil action on this statute, in which the plaintiff may recover damages and reasonable attorney's fees. Such action may be brought in the name of the owner of the property so injured, or in the name of the town in which such burial ground is situated, or in the name of the commissioners, or in the name of the association or corporation that holds lawful possession of such burial ground at the time such damage is committed, or, if the property injured is a gravestone or monument erected to the memory of a deceased person or a grave, tomb, or burial site in which the body or remains of a deceased person is interred, in the name of the surviving heirs or descendants of such deceased person, jointly, or in the name of one or more of them for the benefit of all, or in the name of the historical or patriotic association or society erecting such monument, tablet, or marker. (Amended 1989, No. 142 (Adj. Sess.), § 6.)