2011 WISCONSIN ACT 132
An Act to repeal 893.83 (title) and 893.83 (2); and to renumber and amend 893.83 (1) of the statutes; relating to: liability of cities, villages, towns, and counties for damages caused by an insufficiency or want of repair of a highway.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
893.83 (title) of the statutes is repealed.
893.83 (1) of the statutes is renumbered 893.83 and amended to read:
893.83 Damages caused by highway defects accumulation of snow or ice; liability of municipality city, village, town, and county. If damages happen to any person or his or her property by reason of the insufficiency or want of repairs of any highway that any town, city, or village is bound to keep in repair, the person sustaining the damages has a right to recover the damages from the town, city, or village. If the damages happen by reason of the insufficiency or want of repairs of a highway that any county by law or by agreement with any town, city, or village is bound to keep in repair, or that occupies any land owned and controlled by the county, the county is liable for the damages and the claim for damages shall be against the county. If the damages happen by reason of the insufficiency or want of repairs of a bridge erected or maintained at the expense of 2 or more towns, cities, villages, or counties, the action shall be brought against all of the towns, cities, villages, or counties that are liable for the repairs of the bridge. Upon recovery of judgment, the damages and costs shall be paid by the towns, cities, villages, or counties in the proportion in which they are liable for the repairs. The court may direct the judgment to be collected from each town, city, village, or county for its proportion only. The amount recoverable by any person for any damages so sustained shall not exceed $50,000. The procedures under s. 893.80 shall apply to the commencement of actions brought under this subsection. No action may be maintained against a city, village, town, or county to recover damages for injuries sustained by reason of an accumulation of snow or ice upon any bridge or highway, unless the accumulation existed for 3 weeks. Any action to recover damages for injuries sustained by reason of an accumulation of snow or ice that has existed for 3 weeks or more upon any bridge or highway is subject to s. 893.80.
893.83 (2) of the statutes is repealed.
(1) This act first applies to actions arising on the effective date of this subsection.