895.55(3)(c)
(c) Who causes personal injury or wrongful death.
895.55(4)
(4) A person under
sub. (3) (a) is liable for any damages or removal costs that another person is immune from under
sub. (2).
895.55(5)
(5) Nothing in this section affects the responsibility of a person under
sub. (3) (a) to fulfill that person's requirements under
s. 292.11.
895.55 History
History: 1995 a. 192;
1997 a. 35,
252.
895.56
895.56
Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation. 895.56(1)(a)
(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.
895.56(1)(b)
(b) "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.
895.56(2)
(2) 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:
895.56(2)(a)
(a) 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.
895.56(2)(b)
(b) 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.
895.56(2)(c)
(c) 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.
895.56(3)
(3) Subsection (2) does not apply to any person to whom any of the following applies:
895.56(3)(a)
(a) 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).
895.56(3)(b)
(b) The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
895.56(3)(c)
(c) 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.
895.56(3)(d)
(d) 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.
895.56(3)(e)
(e) The person causes personal injury or wrongful death.
895.56 History
History: 1997 a. 237.
895.57
895.57
Damages; unauthorized release of animals. Effective date note
NOTE: Par. (a) is amended eff. 12-1-99 by
1997 Wis. Act 192 to read:
Effective date text
(a) "Humane officer" means an officer appointed under s. 173.03.
895.57(2)
(2) 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, which shall include the costs of restoring the animal to confinement.
895.57(3)
(3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under
s. 29.865,
29.867,
29.869 or
29.871 or designated as a wildlife refuge under
s. 29.621 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.
895.65
895.65
Government employer retaliation prohibited. 895.65(1)(a)
(a) "Disciplinary action" means any action taken with respect to an employe which has the effect, in whole or in part, of a penalty.
895.65(1)(b)
(b) "Employe" means any person employed by any governmental unit except:
895.65(1)(b)1.
1. A person employed by the office of the governor, the courts, the legislature or a service agency under
subch. IV of ch. 13.
895.65(1)(b)2.
2. A person who is, or whose immediate supervisor is, assigned to an executive salary group or university senior executive salary group under
s. 20.923.
895.65(1)(c)
(c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.
895.65(1)(d)
(d) "Information" means information gained by the employe which the employe reasonably believes demonstrates:
895.65(1)(d)1.
1. A violation of any state or federal law, rule or regulation.
895.65(1)(d)2.
2. Mismanagement or abuse of authority in state government, a substantial waste of public funds or a danger to public health and safety.
895.65(2)
(2) An employe may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employe because the employe exercised his or her rights under the first amendment to the
U.S. constitution or
article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employe so exercised his or her rights. The employe shall bring the action within 2 years after the action allegedly occurred or after the employe learned of the action, whichever occurs last. No employe may bring an action against the department of employment relations as an employer's agent.
895.65(3)
(3) If, following the close of all evidence in an action under this section, a court or jury finds that retaliation was the primary factor in an employer's or employer's agent's decision to engage in a disciplinary action, the court or jury may not consider any evidence offered by the employer or employer's agent that the employer or employer's agent would have engaged in the disciplinary action even if the employe had not disclosed, or the employer or employer's agent had not believed the employe disclosed, the information.
895.65(4)
(4) If the court or jury finds that the employer or employer's agent retaliated against the employe, the court shall take any appropriate action, including but not limited to the following:
895.65(4)(a)
(a) Order placement of the employe in his or her previous position with or without back pay.
895.65(4)(b)
(b) Order transfer of the employe to an available position for which the employe is qualified within the same governmental unit.
895.65(4)(c)
(c) Order expungement of adverse material relating to the retaliatory action or threat from the employe's personnel file.
895.65(4)(cm)
(cm) Order the employer to pay compensatory damages.
895.65(4)(d)
(d) Order the employer to pay the employe's reasonable attorney fees.
895.65(4)(e)
(e) Order the employer or employer's agent to insert a copy of the court order into the employe's personnel file.
895.65(4)(f)
(f) Recommend to the employer that disciplinary or other action be taken regarding the employer's agent, including but not limited to any of the following:
895.65(4)(f)1.
1. Placement of information describing the agent's action in his or her personnel file.
895.67
895.67
Domestic abuse services; prohibited disclosures. 895.67(1)(b)
(b) "Domestic abuse services organization" means a nonprofit organization or a public agency that provides any of the following services for victims of domestic abuse:
895.67(1)(c)
(c) "Service recipient" means any person who receives or has received domestic abuse services from a domestic abuse services organization.
895.67(2)(a)(a) No employe or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient:
895.67(2)(a)3.
3. Any minor child in the care or custody of the service recipient.
895.67(2)(a)4.
4. Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services.
895.67(2)(b)
(b) Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
895.67 History
History: 1991 a. 228.
895.70
895.70
Sexual exploitation by a therapist. 895.70(1)(e)
(e) "Therapist" means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.
895.70(2)(a)(a) Any person who suffers, directly or indirectly, a physical, mental or emotional injury caused by, resulting from or arising out of sexual contact with a therapist who is rendering or has rendered to that person psychotherapy, counseling or other assessment or treatment of or involving any mental or emotional illness, symptom or condition has a civil cause of action against the psychotherapist for all damages resulting from, arising out of or caused by that sexual contact. Consent is not an issue in an action under this section, unless the sexual contact that is the subject of the action occurred more than 6 months after the psychotherapy, counseling, assessment or treatment ended.
895.70(2)(b)
(b) Notwithstanding
ss. 801.09 (1),
801.095,
802.04 (1) and
815.05 (intro.), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff's attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner which reasonably protects the information from being disclosed to the public.
895.70(2)(c)
(c) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect:
895.70(2)(c)1.
1. A plaintiff who is using initials in an action under this section from annoyance, embarrassment, oppression or undue burden that would arise if any information identifying the plaintiff were made public.
895.70(2)(c)2.
2. A plaintiff in an action under this section from unreasonably long, repetitive or burdensome physical or mental examinations.
895.70(2)(c)3.
3. The confidentiality of information which under law is confidential, until the information is provided in open court in an action under this section.
895.70(3)
(3) Punitive damages. A court or jury may award punitive damages to a person bringing an action under this section.
895.70(4)
(4) Calculation of statute of limitations. An action under this section is subject to
s. 893.585.
895.70(5)
(5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing, the department of health and family services, the patients compensation fund peer review council or a district attorney is void.
895.70 Annotation
Under sub. (2) consent is not an issue and as such an instruction regarding the victim's contributory negligence was improper. Block v. Gomez, 201 W (2d) 789, 549 NW (2d) 783 (Ct. App. 1996).
