895.48(1m)(a)
(a) 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)(b)
(b) The physician, chiropractor, dentist, emergency medical technician, physician assistant or registered nurse does not receive compensation for the health care, other than reimbursement for expenses.
895.48(2)(a)3.
3. "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.
895.48(2)(a)4.
4. "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.
895.48(2)(b)
(b) 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:
895.48(2)(b)1.
1. Mitigating or attempting to mitigate the effects of an actual or threatened discharge of a hazardous substance.
895.48(2)(b)2.
2. Preventing or cleaning up or attempting to prevent or clean up an actual or threatened discharge of a hazardous substance.
895.48(2)(c)
(c) The immunity under
par. (b) does not extend to any person:
895.48(2)(c)1.
1. 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;
895.48(2)(c)3.
3. Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct; or
895.48(2)(c)4.
4. Who receives or expects to receive compensation, other than reimbursement for out-of-pocket expenses, for rendering the advice and assistance.
895.48(2)(d)1.1. 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.
895.48(2)(d)2.
2. 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
subd. 1. were not made in good faith has the burden of proving that assertion by clear and convincing evidence.
895.48 Annotation
"Good Samaritan" law discussed. 67 Atty. Gen. 218.
895.48 Annotation
Incidental benefits received by volunteer members of National Ski Patrol in exchange for rendering emergency care to disabled skiers may result in loss of civil liability immunity under Good Samaritan law.
79 Atty. Gen. 194.
895.48 Annotation
The Good Samaritan statute. 62 MLR 469 (1979).
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 wilful 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.
895.482
895.482
Civil liability exemption; ski patrol members. 895.482(1)(a)
(a) "Compensation" means wages, salary, commission or bonuses paid for services rendered, but does not include the provision, at a discounted price or without charge, of food, beverages, clothing, passes or other incidental benefits to ski patrol members.
895.482(1)(b)
(b) "Ski patrol member" means a registered member of the national ski patrol who serves in that capacity without compensation.
895.482(2)
(2) Except as provided in
sub. (3), a ski patrol member is immune from civil liability for his or her acts or omissions while he or she is acting in his or her capacity as a ski patrol member, including the rendering of emergency care.
895.482(3)
(3) The immunity under this section does not apply if the act or omission of the ski patrol member involves reckless, wanton or intentional misconduct.
895.482 History
History: 1991 a. 318.
895.483
895.483
Civil liability exemption; regional and county emergency response teams and their sponsoring agencies. 895.483(1)(1) A regional emergency response team, a member of such a team, and a local agency, as defined in
s. 166.22 (1) (c), that contracts with the state emergency response board for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under
s. 166.215 (1).
895.483(2)
(2) A county emergency response team, a member of such a team and the county, city, village or town that contracts to provide the emergency response team to the county are immune from civil liability for acts or omissions related to carrying out responsibilities pursuant to a designation under
s. 166.21 (2m) (e).
895.483(3)
(3) A local emergency planning committee created under
s. 59.54 (8) (a) 1. that receives a grant under
s. 166.21 is immune from civil liability for acts or omissions related to carrying out responsibilities under
s. 166.21.
895.483 History
History: 1991 a. 104;
1995 a. 13,
201.
895.485
895.485
Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents. 895.485(2)
(2) Except as provided in
ss. 167.10 (7) and
343.15 (2), any foster, treatment foster or family-operated group home parent licensed under
s. 48.62 or
48.625 is immune from civil liability for any of the following:
895.485(2)(a)
(a) An act or omission of the foster, treatment foster or family-operated group home parent while that parent is acting in his or her capacity as a foster, treatment foster or family-operated group home parent.
895.485(2)(b)
(b) An act or omission of a child who is placed in a foster home, treatment foster home or family-operated group home while the child is in the foster, treatment foster or family-operated group home parent's care.
895.485(3)
(3) The immunity specified in
sub. (2) does not apply if the act or omission of a foster, treatment foster or family-operated group home parent was not done in good faith or was not in compliance with any written instructions, received from the agency that placed the child, regarding specific care and supervision of the child. The good faith of a foster, treatment foster or family-operated group home parent and the compliance of the foster, treatment foster or family-operated group home parent with any written instructions received from the agency that placed the child are presumed in a civil action. Any person who asserts that a foster, treatment foster or family-operated group home parent did not act in good faith, or did not comply with written instructions received from the agency that placed the child, has the burden of proving that assertion.
895.485(4)
(4) Any agency that acts in good faith in placing a child with a foster, treatment foster or family-operated group home parent is immune from civil liability for any act or omission of the agency, the foster, treatment foster or family-operated group home parent or the child unless all of the following occur:
895.485(4)(a)
(a) The agency has failed to provide the foster, treatment foster or family-operated group home parent with any information relating to a medical, physical, mental or emotional condition of the child that it is required to disclose under this paragraph. The department of health and family services shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster or family-operated group home parent which relates to a medical, physical, mental or emotional condition of the child.
895.485(4)(b)
(b) Bodily injury to the child or any other person or damage to the property of the child or any other person occurs as a direct result of the failure under
par. (a).
895.485 Note
NOTE: 1987 Wis. Act 377, which created this section, has a prefatory note explaining the act.
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.
