EXEMPTIONS FROM, AND LIMITATIONS ON, LIABILITY
895.475
895.475
Exemption from civil liability for furnishing safety inspection or advisory services. The furnishing of, or failure to furnish, safety inspection or advisory services intended to reduce the likelihood of injury, death or loss shall not subject a state officer, employee or agent, or an insurer, the insurer's agent or employee undertaking to perform such services as an incident to insurance, to liability for damages from injury, death or loss occurring as a result of any act or omission in the course of the safety inspection or advisory services. This section shall not apply if the active negligence of the state officer, employee or agent, or of the insurer, the insurer's agent or employee created the condition that was the proximate cause of injury, death or loss. This section shall not apply to an insurer, the insurer's agent or employee performing the safety inspection or advisory services when required to do so under the provisions of a written service contract.
895.475 History
History: 1991 a. 39;
2005 a. 155 s.
42; Stats. 2005 s. 895.475.
895.475 Annotation
A "written service contract" is a contract that obligates the insurer to provide loss control services to an insured. Samuels Recycling Co. v. CNA Insurance Cos.
223 Wis. 2d 233,
588 N.W.2d 385 (Ct. App. 1998),
97-3511.
895.48
895.48
Civil liability exemption; emergency medical care. 895.48(1)(1) Any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care. This immunity does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician's office.
895.48(1m)(a)(a) Except as provided in
par. (b), any physician or athletic trainer licensed under
ch. 448, chiropractor licensed under
ch. 446, dentist licensed under
ch. 447, emergency medical technician licensed under
s. 146.50, first responder certified under
s. 146.50 (8), physician assistant licensed under
ch. 448, registered nurse licensed under
ch. 441, or a massage therapist or bodyworker issued a certificate under
ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in
s. 66.0129 (6) (b), a private school, as defined in
s. 115.001 (3r), a public agency, as defined in
s. 46.856 (1) (b), or a school, as defined in
s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
895.48(1m)(a)1.
1. The health care is rendered at the site of the event or contest, during transportation to a health care facility from the event or contest, or in a locker room or similar facility immediately before, during or immediately after the event or contest.
895.48(1m)(a)2.
2. The physician, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.
895.48(1m)(b)
(b) Paragraph (a) does not apply to health care services provided by a volunteer health care provider under
s. 146.89.
895.48(4)(ag)1.
1. "Cardiac arrest" means the sudden cessation of cardiac function and the disappearance of arterial blood pressure that connote ventricular fibrillation or pulseless ventricular tachycardia.
895.48(4)(ag)2.
2. "Pulseless ventricular tachycardia" means a disturbance in the normal rhythm of the heart that is characterized by rapid electrical activity of the heart with no cardiac output.
895.48(4)(am)
(am) Any of the following, other than an emergency medical technician or a first responder — defibrillation, is immune from civil liability for the acts or omissions of a person in rendering in good faith emergency care by use of an automated external defibrillator to an individual who appears to be in cardiac arrest:
895.48(4)(am)3.
3. The person who provides the automated external defibrillator for use, if the person ensures that the automated external defibrillator is maintained and tested in accordance with any operational guidelines of the manufacturer.
895.48(4)(am)4.
4. Any person who provides training in the use of an automated external defibrillator to the person who renders care.
895.48(4)(b)
(b) The immunity specified in
par. (am) does not extend to any of the following:
895.48(4)(b)1.
1. A person whose act or omission resulting from the use or the provision for use of the automated external defibrillator constitutes gross negligence.
895.48(4)(b)2.
2. A health care professional who renders emergency care for compensation and within the scope of his or her usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of an emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician's office.
895.48 Annotation
Whatever the precise scope of "scene of any emergency or accident" in sub. (1), the phrase is sufficiently broad to include the defendant's home when the injured, bleeding plaintiff arrived after being hurt in an incident involving an all-terrain vehicle in nearby woods. In the circumstances of the case, "emergency care" under sub. (1) refers to the initial evaluation and immediate assistance, treatment, and intervention rendered to the plaintiff during the period before care could be transferred to professional medical personnel. Mueller v. McMillian Warner Insurance Company, 2006 WI 54,
290 Wis. 2d 571,
714 N.W.2d 183,
05-0121.
895.48 Annotation
The "Good Samaritan" law is discussed. 67 Atty. Gen. 218.
895.48 Annotation
Incidental benefits received by volunteer members of the National Ski Patrol in exchange for rendering emergency care to disabled skiers may result in a loss of civil liability immunity under the Good Samaritan law.
79 Atty. Gen. 194.
895.48 Annotation
The Good Samaritan statute. 62 MLR 469 (1979).
895.4802
895.4802
Civil liability exemption; hazardous materials. 895.4802(1)(c)
(c) "Hazardous substance prediction" means any declaration or estimate of the likely spread or impact of an actual discharge of a hazardous substance that is based on meteorological, mathematical, computer or similar models.
895.4802(1)(d)
(d) "Hazardous substance predictor" means any person who makes a hazardous substance prediction pursuant to a contract or agreement with a public agency or pursuant to a contract or agreement with a person who possesses or controls hazardous substances for the purpose of assisting that person in supplying a public agency with a hazardous substance prediction in the event of an actual discharge of a hazardous substance.
895.4802(2)
(2) Any person is immune from civil liability for his or her good faith acts or omissions related to assistance or advice which the person provides relating to an emergency or a potential emergency regarding either of the following:
895.4802(2)(a)
(a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of a hazardous substance.
895.4802(2)(b)
(b) Preventing or cleaning up or attempting to prevent or clean up an actual or threatened discharge of a hazardous substance.
895.4802(3)
(3) The immunity under
sub. (2) does not extend to any person:
895.4802(3)(a)
(a) Whose act or omission causes in whole or in part the actual or threatened discharge and who would otherwise be liable for the act or omission;
895.4802(3)(c)
(c) Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct; or
895.4802(3)(d)
(d) Who receives or expects to receive compensation, other than reimbursement for out-of-pocket expenses, for rendering the advice and assistance.
895.4802(4)(a)(a) Any hazardous substance predictor or any person who provides the technology to enable hazardous substance predictions to be made is immune from civil liability for his or her good faith acts or omissions in making that prediction or providing that technology.
895.4802(4)(b)
(b) The good faith of any hazardous substance predictor or any person who provides the technology to make a prediction is presumed in any civil action. Any person who asserts that the acts or omissions under
par. (a) were not made in good faith has the burden of proving that assertion by clear and convincing evidence.
895.4802 History
History: 2005 a. 155 ss.
45,
47;
2005 a. 347 s.
55.
895.4802 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
895.4803
895.4803
Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development under
s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development and oral information or an audio or video presentation about the form that is prescribed by the state registrar under
s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of
s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.
895.4803 History
History: 2005 a. 155 ss.
46,
48.
895.481
895.481
Civil liability exemption; equine activities. 895.481(1)(a)
(a) "Equine" means a donkey, hinny, horse, mule or pony.
895.481(1)(b)1.
1. Shows, fairs, competitions, performances or parades that involve any breeds of equines and any equine disciplines, including combined training, competitive trail riding, cutting, dressage, driving, endurance trail riding, English or western performance riding, grand prix jumping, horse racing, hunter and jumper shows, hunting, polo, pulling, rodeos, 3-day events and western games.
895.481(1)(b)4.
4. Riding, inspecting or evaluating an equine belonging to another, regardless of whether the owner of the equine receives monetary or other consideration for the use of the equine or permits the riding, inspection or evaluation of the equine.
895.481(1)(b)5.
5. Riding, training or driving an equine or being a passenger on an equine.
895.481(1)(b)6.
6. Riding, training or driving a vehicle pulled by an equine or being a passenger on a vehicle pulled by an equine.
895.481(1)(c)
(c) "Equine activity sponsor" means a person, whether operating for profit or nonprofit, who organizes or provides the facilities for an equine activity, including owners or operators of arenas, clubs, fairs, schools, stables and therapeutic riding programs.
895.481(1)(d)
(d) "Equine professional" means a person engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine.
895.481(1)(e)
(e) "Inherent risk of equine activities" means a danger or condition that is an integral part of equine activities, including all of the following:
895.481(1)(e)1.
1. The propensity of an equine to behave in a way that may result in injury or death to a person on or near it.
895.481(1)(e)2.
2. The unpredictability of an equine's reaction to a sound, movement or unfamiliar object, person or animal.
895.481(1)(e)4.
4. The potential for a person participating in an equine activity to act in a negligent manner, to fail to control the equine or to not act within his or her ability.
895.481(1)(e)5.
5. Natural hazards, including surface and subsurface conditions.
895.481(1)(f)
(f) "Property" means real property and buildings, structures and improvements on the real property.
895.481(1)(g)
(g) "Spectator" means a person who attends or watches an equine activity but does not participate in the equine activity or perform any act or omission related to the equine activity that contributes to the injury or death of a participant in the equine activity.
895.481(2)
(2) Except as provided in
subs. (3) and
(6), a person, including an equine activity sponsor or an equine professional, is immune from civil liability for acts or omissions related to his or her participation in equine activities if a person participating in the equine activity is injured or killed as the result of an inherent risk of equine activities.
895.481(3)
(3) The immunity under
sub. (2) does not apply if the person seeking immunity does any of the following:
895.481(3)(a)
(a) Provides equipment or tack that he or she knew or should have known was faulty and the faulty equipment or tack causes the injury or death.
895.481(3)(b)
(b) Provides an equine to a person and fails to make a reasonable effort to determine the ability of the person to engage safely in an equine activity or to safely manage the particular equine provided based on the person's representations of his or her ability.
895.481(3)(c)
(c) Fails to conspicuously post warning signs of a dangerous inconspicuous condition known to him or her on the property that he or she owns, leases, rents or is otherwise in lawful control of or possession.
895.481(3)(d)
(d) Acts in a willful or wanton disregard for the safety of the person.
895.481(3m)
(3m) A person whose only involvement in an equine activity is as a spectator shall not be considered to be participating in the equine activity.
895.481(4)
(4) Every equine professional shall post and maintain signs in a clearly visible location on or near stables, corrals or arenas owned, operated or controlled by the equine professional. The signs shall be white with black lettering, each letter a minimum of one inch in height, and shall contain the following notice: "Notice: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481 (1) (e) of the Wisconsin Statutes."
895.481(5)
(5) If an equine professional uses a written contract for the rental of equines or equine equipment or tack or for the instruction of a person in the riding, driving or being a passenger upon an equine, the contract shall contain the notice set forth in
sub. (4) in clearly readable bold print of not less than the same size as the print used in the remainder of the contract.
895.481(6)
(6) This section does not limit the liability of a person under any applicable products liability laws.
895.481(7)
(7) This section does not limit the immunity created under
s. 895.52.
895.481 History
History: 1995 a. 256.
895.481 Annotation
The application of this section is not limited to equine professionals. The exception to immunity under sub. (3) (a) for faulty equipment did not apply when no connection between the equipment and the plaintiff's injuries was shown. Kangas v. Perry, 2000 WI App 234,
239 Wis. 2d 392,
620 N.W.2d 429,
00-0001.
895.481 Annotation
"Provides an equine" in sub. (3) (b) means to make available for use an equine that the provider either owns or controls and does not encompass an equine previously sold or given to the individual claiming damages. Barritt v. Lowe, 2003 WI App 185,
266 Wis. 2d 863,
669 N.W.2d 189,
03-0034.
