895.485 Note NOTE: 1987 Wis. Act 377 contains a prefatory note explaining the act.
895.485 Cross-reference Cross-reference: See also ch. DCF 37, Wis. adm. code.
895.485 Annotation Foster parents are not agents of the county for purposes of tort liability. Kara B. v. Dane County, 198 Wis. 2d 24, 542 N.W.2d 777 (Ct. App. 1995), 94-1081. See also Estate of Cooper v. Milwaukee County, 103 F. Supp. 2d 1124 (2000).
895.486 895.486 Civil immunity exemption; reports of insurance fraud.
895.486(1)(1) In this section, “insurance fraud" means the presentation of any statement, document or claim, or the preparation of a statement, document or claim with the knowledge that the statement, document or claim will be presented, that the person knew or should have known contained materially false, incomplete or misleading information concerning any of the following:
895.486(1)(a) (a) An application for the issuance of an insurance policy.
895.486(1)(b) (b) A claim for payment, reimbursement or benefits payable under an insurance policy.
895.486(1)(c) (c) A payment made in accordance with the terms of an insurance policy.
895.486(1)(d) (d) A premium on an insurance policy.
895.486(1)(e) (e) The rating of an insurance policy.
895.486(2) (2) Any person who, absent malice, files a report with or furnishes information concerning suspected, anticipated, or completed insurance fraud is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information to any of the following or to their agents, employees or designees:
895.486(2)(a) (a) The office of the commissioner of insurance.
895.486(2)(b) (b) A law enforcement officer.
895.486(2)(c) (c) The National Association of Insurance Commissioners.
895.486(2)(d) (d) Any governmental agency established to detect and prevent insurance fraud.
895.486(2)(e) (e) Any nonprofit organization established to detect and prevent insurance fraud.
895.486(2)(f) (f) Any insurer or authorized representative of an insurer.
895.486(3) (3) Any information furnished by an insurer in response to a report or information furnished under sub. (2) is confidential and may be made public only if required in a civil or criminal action.
895.486(4) (4) If a civil action is commenced against a person for damages related to the filing of a report or the furnishing of information under sub. (2) and the court determines that the person is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information, the person filing the report or furnishing the information shall recover costs under ch. 814 and, notwithstanding s. 814.04 (1), reasonable attorney fees.
895.486 History History: 1995 a. 177.
895.487 895.487 Civil liability exemption; employment references.
895.487(1)(1) In this section:
895.487(1)(a) (a) “Employee" has the meaning given in s. 101.01 (3) and also includes a former employee.
895.487(1)(b) (b) “Employer" has the meaning given in s. 101.01 (4).
895.487(1)(c) (c) “Reference" means a statement about an employee's job performance or qualifications for employment and includes a statement about an employee's job performance or qualifications for employment provided pursuant to the settlement of a dispute between the employer and employee or provided pursuant to an agreement between the employer and employee relating to the termination of the employee's employment.
895.487(2) (2) An employer who, on the request of an employee or a prospective employer of the employee, provides a reference to that prospective employer is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the employer knowingly provided false information in the reference, that the employer made the reference maliciously or that the employer made the reference in violation of s. 111.322.
895.487 History History: 1995 a. 441; 1997 a. 35.
895.487 Annotation The malice referred to in sub. (2) is express malice, which requires a showing of ill will, bad intent, envy, spite, hatred, revenge, or other bad motives against the person defamed, and not actual malice, which requires statements made with knowledge of falsity or with reckless disregard for the truth. Gibson v. Overnite Transportation Co. 2003 WI App 210, 267 Wis. 2d 429, 671 N.W.2d 388, 02-3158.
895.487 Annotation Employer Liability for Employment References. Mac Kelly. Wis. Law. May 2008.
895.488 895.488 Civil liability exemption; owner or person in lawful possession of the premises.
895.488(1) (1) In this section:
895.488(1)(a) (a) “Construction site" has the meaning given in s. 943.15 (2) (a).
895.488(1)(b) (b) “Owner or person in lawful possession of the premises" has the meaning given in s. 943.15 (2) (b).
895.488(2) (2) The owner or person in lawful possession of the premises and his or her employees are immune from civil liability for the injury or death of an assessor or a member of the staff of an assessor who enters a construction site without the permission of the owner or person in lawful possession of the premises or his or her employee to make an assessment on behalf of the state or a political subdivision.
895.488(3) (3) The immunity under this section does not apply if the injury or death resulted from the reckless, wanton, or intentional misconduct of the owner or person in lawful possession of the premises or his or her employee.
895.488 History History: 2009 a. 68.
895.489 895.489 Civil liability exemption; tenancy references.
895.489(1)(1) In this section:
895.489(1)(a) (a) “Reference" means a written or oral statement about the rental performance of an applicant for tenancy and may include statements about the applicant's payment history, conformance to rental agreement requirements, or conformance to local and state laws; factual statements regarding any rental agreement enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r); and factual statements about any dispute settlement between the landlord and applicant in accordance with any agreement between the landlord and applicant relating to termination of the applicant's tenancy.
895.489(1)(b) (b) “Tenant" means a residential tenant, regardless of the type of tenancy or rental period.
895.489(2) (2) A landlord who, on the request of a prospective landlord of an applicant for tenancy or on the request of the applicant for tenancy, provides a reference to the prospective landlord is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from all civil liability that may result from providing that reference. The presumption of good faith under this subsection may be rebutted only upon a showing by clear and convincing evidence that the landlord knowingly provided false information in the reference or made the reference maliciously.
895.489 History History: 2013 a. 76.
895.497 895.497 Civil liability exemption: furnishing safety services relating to child safety restraint systems.
895.497(1)(1) In this section:
895.497(1)(a) (a) “Child passenger safety technician" means a person who holds a valid certification as a child passenger safety technician or technician instructor issued by the National Highway Traffic Safety Administration or any entity authorized by the National Highway Traffic Safety Administration to issue such certifications.
895.497(1)(b) (b) “Safety program" means any program utilizing the services of child passenger safety technicians and not conducted for pecuniary profit that provides assistance, inspections, education, or advice to the public in the fitting, installation, or adjustment of child safety restraint systems.
895.497(1)(c) (c) “Sponsoring organization" means any person or organization that does any of the following:
895.497(1)(c)1. 1. Employs a child passenger safety technician.
895.497(1)(c)2. 2. Sponsors, offers, or organizes any safety program.
895.497(1)(c)3. 3. Owns property on which a safety program is conducted.
895.497(2) (2)
895.497(2)(a)(a) A child passenger safety technician who inspects, installs, fits, or adjusts any child safety restraint system specified under s. 347.48 (4), or who provides education or other assistance or advice relating to the safe installation, fitting, or adjustment of child safety restraint systems, is immune from civil liability for his or her acts or omissions in rendering in good faith such services.
895.497(2)(b) (b) The immunity under par. (a) does not extend to any of the following:
895.497(2)(b)1. 1. A person who receives compensation for providing the services specified in par. (a), other than reimbursement for expenses.
895.497(2)(b)2. 2. A person whose acts or omissions in providing the services specified in par. (a) involve reckless, wanton, or intentional misconduct.
895.497(2)(c) (c) The good faith of a person in providing the services specified in par. (a) is presumed in any civil action if the services provided are within the scope of the person's training for which the person has been certified. 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.
895.497(3) (3) A sponsoring organization is immune from civil liability arising from any acts or omissions of a child passenger safety technician in providing services specified in sub. (2) (a) or arising in connection with a safety program if the sponsoring organization receives no compensation for the services provided by the child passenger safety technician or for participating in the safety program.
895.497 History History: 2005 a. 322; 2007 a. 97.
895.501 895.501 Civil liability exemption; credit card reencoders and scanning devices.
895.501(1) (1) In this section:
895.501(1)(a) (a) “Automated teller machine” has the meaning given in s. 134.85 (1) (a).
895.501(1)(b) (b) “Credit card” has the meaning given in s. 943.202 (1) (b).
895.501(1)(c) (c) “Reencoder” has the meaning given in s. 943.202 (1) (c).
895.501(1)(d) (d) “Scanning device” has the meaning given in s. 943.202 (1) (d).
895.501(2) (2) Any person who sells or distributes motor vehicle fuel and who dispenses that fuel from a pump capable of reading a credit card and any person who owns or is responsible for an automated teller machine is immune from civil liability for the unauthorized access, storage, or use of credit card information by another person by means of a credit card reencoder or scanning device that has been installed on his or her machine.
895.501 History History: 2017 a. 54.
895.506 895.506 Civil liability exemption; weight gain and obesity claims.
895.506(1)(1) Any person who manufactures, markets, packs, distributes, advertises, or sells food, as defined in 21 USC 321 (f), is immune from civil liability for a person's weight gain or obesity caused by the consumption of the food, or for a health condition related to weight gain or obesity.
895.506(2) (2)Subsection (1) does not apply to any of the following:
895.506(2)(a) (a) A claim that a defendant under sub. (1) knowingly violated a federal or state law concerning the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food, and the violation was the proximate cause of the weight gain, obesity, or related health condition.
895.506(2)(b) (b) A claim for breach of contract or express warranty in connection with the purchase of the food.
895.506(2)(c) (c) A claim regarding the sale of food that is adulterated under 21 USC 342.
895.506(3) (3) In addition to the costs allowed under s. 814.04, a defendant that prevails on a motion under s. 802.08 filed in an action under sub. (2) may recover reasonable attorney fees and the costs of the investigation and litigation.
895.506 History History: 2005 a. 325; 2007 a. 97.
895.51 895.51 Civil liability exemption: food or emergency household products; donation, sale, or distribution.
895.51(1)(1) In this section:
895.51(1)(b) (b) “Charitable organization" means an organization the contributions to which are deductible by corporations in computing net income under s. 71.26 (2).
895.51(1)(c) (c) “Food distribution service" means a program of a private nonprofit organization that provides food products directly to individuals with low incomes or that collects food products for and distributes food products to persons who provide the food products directly to individuals with low incomes.
895.51(1)(d) (d) “Food products" has the meaning specified in s. 93.01 (6).
895.51(1)(dm) (dm) “Governmental unit" means the United States; the state; any county, city, village, or town; any political subdivision, department, division, board, or agency of the United States, the state, or any county, city, village, or town; or any federally recognized American Indian tribe or band in this state or an agency of the tribe or band.
895.51(1)(dr) (dr) “Qualified emergency household products" includes flashlights, generators, blankets, personal care products, household cleaning products, and emergency supplies that meet the standards for safety and quality established by federal or state law, regulation, or rule, that are not defective, and that have not been recalled by the consumer products safety commission.
895.51(1)(e) (e) “Qualified food" means food products that meet the standards of quality established by state law or rule or federal law or regulations, including food products that are not readily marketable due to appearance, age, freshness, grade, size, surplusage or other condition, except that “qualified food" does not include canned food products that are leaking, swollen, dented on a seam or not airtight.
895.51(2) (2) Any person engaged in the processing, distribution, or sale of food products, for profit or not for profit, who donates or sells, at a price not to exceed overhead and transportation costs, qualified food to a charitable organization, food distribution service, or governmental unit is immune from civil liability for the death of or injury to an individual caused by the qualified food donated or sold by the person.
895.51(2m) (2m) Any person engaged in the manufacturing, distribution, or sale of qualified emergency household products, for profit or not for profit, who donates or sells, at a price not to exceed overhead and transportation costs, qualified emergency household products to a charitable organization or governmental unit in response to a state of emergency declared under s. 323.10 or 323.11 is immune from civil liability for the death of or injury to an individual caused by the qualified emergency household product donated or sold by the person.
895.51(3) (3) Any charitable organization or food distribution service which distributes free of charge qualified food to any person is immune from civil liability for the death of or injury to an individual caused by the qualified food distributed by the charitable organization or food distribution service.
895.51(3m) (3m) Any charitable organization that distributes free of charge qualified emergency household products received under sub. (2m) is immune from civil liability for the death of or injury to an individual caused by the qualified emergency household product distributed by the charitable organization.
895.51(4) (4) This section does not apply if the death or injury was caused by willful or wanton acts or omissions.
895.512 895.512 Civil liability exemption; access to toilet facility. If an employee of a retail establishment permits a person to use the establishment's toilet facility, under the requirements of s. 146.29, the employee and the establishment are immune from civil liability for the death of or injury to the person, or an individual other than an employee who accompanies the person, that is caused by or during the use of the facility, unless the death or injury was caused by a willful or wanton act or omission of the employee.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 58 and all Supreme Court and Controlled Substances Board Orders effective on or before September 20, 2017. Published and certified under s. 35.18. Changes effective after September 20, 2017 are designated by NOTES. (Published 9-20-17)