(3) Appreciation of risk.
A participant in a recreational activity engaged in on premises owned or leased by a person who offers facilities to the general public for participation in recreational activities accepts the risks inherent in the recreational activity of which the ordinary prudent person is or should be aware. In a negligence action for recovery of damages for death, personal injury or property damage, conduct by a participant who accepts the risks under this subsection is contributory negligence, to which the comparative negligence provisions of s. 895.045
A participant in a recreational activity engaged in on premises owned or leased by a person who offers facilities to the general public for participation in recreational activities is responsible to do all of the following:
Heed all warnings regarding participation in the recreational activity.
Maintain control of his or her person and the equipment, devices or animals the person is using while participating in the recreational activity.
Refrain from acting in any manner that may cause or contribute to the death or injury to himself or herself or to other persons while participating in the recreational activity.
A violation of this subsection constitutes negligence. The comparative negligence provisions of s. 895.045
apply to negligence under this subsection.
(4m) Liability of contact sports participants. 895.525(4m)(a)(a)
A participant in a recreational activity that includes physical contact between persons in a sport involving amateur teams, including teams in recreational, municipal, high school and college leagues, may be liable for an injury inflicted on another participant during and as part of that sport in a tort action only if the participant who caused the injury acted recklessly or with intent to cause injury.
Unless the professional league establishes a clear policy with a different standard, a participant in an athletic activity that includes physical contact between persons in a sport involving professional teams in a professional league may be liable for an injury inflicted on another participant during and as part of that sport in a tort action only if the participant who caused the injury acted recklessly or with intent to cause injury.
(5) Effect on related provision.
Nothing in this section affects the limitation of property owners' liability under s. 895.52
NOTE: 1987 Wis. Act 377
, which created this section, has a prefatory note explaining the act.
This section codifies common law. It does not impose a greater duty of care on individuals than exists at common law. Rockweit v. Senecal, 197 Wis. 2d 409
, 541 N.W.2d 742
Sub. (3) does not mean that all who ski are negligent under all circumstances. Sub. (3) and (4) when read together impose an obligation of ordinary care on a skier to avoid foreseeable harms including adherence to the conditions enumerated in sub. (4). Ansani v. Cascade Mountain, Inc. 223 Wis. 2d 39
, 588 N.W.2d 321
(Ct. App. 1998).
Sport shooting range activities. 895.527(1)
In this section, "sport shooting range" means an area designed and operated for the use and discharge of firearms.
A person who owns or operates a sport shooting range is immune from civil liability related to noise resulting from the operation of the sport shooting range.
A person who owns or operates a sport shooting range is not subject to an action for nuisance or to zoning conditions related to noise and no court may enjoin or restrain the operation or use of a sport shooting range on the basis of noise.
Any sport shooting range that exists on June 18, 1998, may continue to operate as a sport shooting range at that location notwithstanding any zoning ordinance enacted under s. 59.69
or 62.23 (7)
, if the sport shooting range is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69
or 62.23 (7)
that is in effect on June 18, 1998.
Any sport shooting range that exists on June 18, 1998, may continue to operate as a sport shooting range at that location notwithstanding all of the following:
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
A city, village town or county may regulate the hours between 11:00 p.m. and 6:00 a.m. that an outdoor sport shooting range may operate, except that such a regulation may not apply to a law enforcement officer as defined in s. 165.85 (2) (c)
, a member of the U.S. armed forces or a private security person as defined in s. 440.26 (1m) (h)
who meets all of the requirements under s. 167.31 (4) (a) 4.
A person who is shooting in the customary or a generally acceptable manner at a sport shooting range between the hours of 6:00 a.m. and 11:00 p.m. is presumed to not be engaging in disorderly conduct merely because of the noise caused by the shooting.
History: 1997 a. 242
Liability exemption; tests for intoxication. 895.53(1)(a)
"Conservation warden" means a person appointed as a conservation warden by the department of natural resources under s. 23.10 (1)
Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
Any employer of the person under sub. (2)
or any hospital where blood is withdrawn by that person has the same immunity from liability under sub. (2)
History: 1983 a. 535
; 1983 a. 538
; Stats. 1983 s. 895.53; 1985 a. 331
; 1995 a. 448
Liability exemption; notification of release.
A person is immune from any liability regarding any act or omission regarding the notification of any applicable office or person under s. 51.37 (10)
, 304.06 (1)
, 971.17 (4m)
. This section does not apply to wilful or wanton acts or omissions.
History: 1991 a. 269
; 1993 a. 479
Liability exemption; oil discharge control. 895.55(1)(a)
"Damages" means those damages specified in 33 USC 2702
(b) (2) and includes the cost of assessing those damages.
"Discharge" means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.
"Federal on-scene coordinator" means the federal official designated by the federal environmental protection agency or the U.S. coast guard to coordinate and direct responses under the national contingency plan.
"Oil" means petroleum, hydrocarbon, vegetable or mineral oil of any kind or in any form and includes oil mixed with wastes other than dredged spoil.
"Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
"Removal" means the containment and elimination of oil from water, shorelines and beaches or the taking of other actions, including disposal, as may be necessary to minimize or mitigate damages to public health and welfare, including to fish, shellfish, wildlife and public or private property, shorelines and beaches.
"Removal costs" means the costs of removal that are incurred after an oil discharge occurs or, if there is a substantial threat of an oil discharge, the costs to prevent, minimize or mitigate an oil discharge.
Notwithstanding any provision of s. 299.11
, subchs. II
and IV of ch. 30
, ch. 29
or subch. II of ch. 295
, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:
Those acts or omissions were taken while rendering assistance, advice or care related to the threat of an oil discharge into the navigable waters of this state or related to the removal of oil resulting from an oil discharge into the navigable waters of this state.
The assistance, advice or care was consistent with the national contingency plan or the state contingency plan or was otherwise directed by the federal on-scene coordinator or the secretary of natural resources.
The immunity under sub. (2)
does not extend to any person:
Who is required to act under s. 292.11 (3)
because the person possessed or controlled the oil that was initially discharged into the navigable waters of this state or caused the initial discharge or initial threat of discharge of the oil into the navigable waters of this state.
Whose act or omission involves gross negligence or reckless, wanton or intentional misconduct.
Who causes personal injury or wrongful death.
A person under sub. (3) (a)
is liable for any damages or removal costs that another person is immune from under sub. (2)
Nothing in this section affects the responsibility of a person under sub. (3) (a)
to fulfill that person's requirements under s. 292.11
History: 1995 a. 192
; 1997 a. 35
Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation. 895.56(1)(a)
"Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, as defined in s. 1.12 (1) (b)
, or federal agency.
"Petroleum-contaminated soil" means soil contaminated with material derived from petroleum, natural gas or asphalt deposits, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.
A person is immune from liability arising under s. 292.11
and from any liability for the removal or remedying of petroleum-contaminated soil or for damages resulting from the person's actions or omissions relating to petroleum-contaminated soil if all of the following apply:
The acts or omissions by the person occurred while performing a contract entered into under s. 84.06 (2)
, including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d)
, under a contract entered into under s. 84.06 (2)
to perform labor or furnish materials.
In the course of performing a contract described in par. (a)
, petroleum-contaminated soil was encountered on the property on which the contracted activity is taking place, and the petroleum-contaminated soil cannot be avoided in performing the contract.
The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2)
, and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.
(3) Subsection (2)
does not apply to any person to whom any of the following applies:
The person brought petroleum-contaminated soil onto the property or otherwise caused the initial contamination of the property with a hazardous substance, as defined in s. 292.01 (5)
The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
The person fails to warn the department of transportation or the department of natural resources about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources.
The person is under a previous or separate contract with a state agency, as defined in s. 1.12 (1) (b)
, solely to remove or remedy petroleum-contaminated soil or hazardous substances on the property.
The person causes personal injury or wrongful death.
History: 1997 a. 237
Damages and immunity; unauthorized release of animals. 895.57(1)(ag)
"Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.
A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, punitive damages, attorney fees and interest on the amount of the damages incurred at the rate of 12% per year from the date of the intentional release. The damages awarded shall include the costs of restoring the animal to confinement.
(3) Subsection (2)
does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s. 29.865
or designated as a wildlife refuge under s. 29.621 (1)
or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.
In this subsection, "security device" includes any of the following:
A theft alarm signal device, a burglar alarm or any other security alarm system or device.
Subject to par. (d)
, an owner or custodian of a confined animal is immune from civil liability for any damages to a person who suffers the damages while violating or attempting to violate s. 943.75 (2)
An owner or custodian of an animal that is released in violation of s. 943.75 (2)
is immune from liability for any damages caused by that released animal.