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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.
895.506 895.506 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.
895.512 History History: 2009 a. 198.
895.514 895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.514(1) (1) In this section:
895.514(1)(a) (a) "Authority" means the Health Insurance Risk-Sharing Plan Authority established under subch. III of ch. 149, 2011 stats.
895.514(1)(b) (b) "Board" means the board of directors of the authority.
895.514(1)(c) (c) "Commissioner" means the commissioner of insurance of this state.
895.514(1)(d) (d) "Plan" means the health care insurance plan established under subch. II of ch. 149, 2011 stats.
Effective date note NOTE: Section 895.514 (title) and (1) are created eff. 1-1-15 by 2013 Wis. Act 20.
895.514(2) (2) No cause of action of any nature may arise against, and no liability may be imposed upon, the authority, plan, or board; or any agent, employee, or director of any of them; or insurers participating in the plan; or the commissioner; or any agent, employee, or representative of the commissioner, for any act or omission by any of them in the performance of their powers and duties under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), unless the person asserting liability proves that the act or omission constitutes willful misconduct.
Effective date note NOTE: Sub. (2) is shown as created by 2013 Wis. Act 20 and amended by 2013 Wis. Act 116, all eff. 1-1-15.
895.514(3) (3)
895.514(3)(a)(a) Except as provided in 2013 Wisconsin Act 20, section 9122 (1L), and 2013 Wisconsin Act 116, section 32 (1) (b), neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.
895.514(3)(b) (b) All of the expenses incurred by the authority, or the commissioner, or any agent, employee, or representative of the commissioner, in exercising its duties and powers under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), shall be payable only from funds of the authority or from the appropriation under s. 20.145 (5) (g) or (k), or from any combination of those payment sources.
Effective date note NOTE: Sub. (3) is shown as created by 2013 Wis. Act 20 and amended by 2013 Wis. Act 116, all eff. 1-1-15.
895.514 History History: 2013 a. 20, 116.
895.515 895.515 Civil liability exemption; equipment or technology donation.
895.515(1) (1) In this section:
895.515(1)(a) (a) "Commercial equipment or technology" means goods or related procedures used or bought for use primarily in a business, including farming and a profession.
895.515(1)(b) (b) "Institution of higher education" means an institution within the University of Wisconsin System, a technical college or a private, nonprofit institution of higher education located in this state.
895.515(2) (2) Any person engaged in the sale or use of commercial equipment or technology, for profit or not for profit, who donates any commercial equipment or technology to a public or private elementary or secondary school, a tribal school, as defined in s. 115.001 (15m), or an institution of higher education or who accepts reimbursement in an amount not to exceed overhead and transportation costs for any commercial equipment or technology provided to a public or private elementary or secondary school, to a tribal school, or to an institution of higher education is immune from civil liability for the death of or injury to an individual caused by the commercial equipment or technology.
895.515(3) (3) This section does not apply if the death or injury was caused by a willful or wanton act or omission of the person who donated or accepted reimbursement for the commercial equipment or technology.
895.515(4m) (4m) This section does not apply to the manufacturer of the donated commercial equipment or technology.
895.515 History History: 1995 a. 112; 1997 a. 237; 2005 a. 155; 2009 a. 302.
895.517 895.517 Civil liability exemption: solid waste donation or sale.
895.517(1)(1) In this section:
895.517(1)(a) (a) "Charitable organization" has the meaning given in s. 895.51 (1) (b).
895.517(1)(b) (b) "Municipality" has the meaning given in s. 289.01 (23).
895.517(1)(c) (c) "Qualified food" has the meaning given in s. 895.51 (1) (e).
895.517(1)(d) (d) "Responsible unit" has the meaning given in s. 287.01 (9).
895.517(1)(e) (e) "Solid waste" has the meaning given in s. 289.01 (33).
895.517(2) (2) Any person who donates or sells, at a price not exceeding overhead and transportation costs, solid waste, or a material that is separated from mixed soil waste, to a materials reuse program that is operated by a charitable organization, municipality or responsible unit is immune from civil liability for the death of or injury to an individual or the damage to property caused by the solid waste or material donated or sold by the person.
895.517(3) (3) This section does not apply if the death or injury was caused by willful or wanton acts or omissions.
895.517(4) (4) This section does not apply to the sale or donation of qualified food.
895.517 History History: 1997 a. 60; 2005 a. 155.
895.52 895.52 Recreational activities; limitation of property owners' liability.
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2011-12 Wisconsin Statutes updated though 2013 Wis. Act 200 and all Supreme Court Orders entered before April 18, 2014. Published and certified under s. 35.18. Changes effective after April 18, 2014 are designated by NOTES. (Published 4-18-14)