895.487
895.487
Civil liability exemption; employment references. 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(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.
895.497
895.497
Civil liability exemption: furnishing safety services relating to child safety restraint systems. 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(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(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)(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)(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.
895.515
895.515
Civil liability exemption; equipment or technology donation. 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.
895.517
895.517
Civil liability exemption: solid waste donation or sale. 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. 895.52(1)(a)
(a) "Governmental body" means any of the following:
895.52(1)(a)3.
3. A county or municipal governing body, agency, board, commission, committee, council, department, district or any other public body corporate and politic created by constitution, statute, ordinance, rule or order.
895.52(1)(b)
(b) "Injury" means an injury to a person or to property.
895.52(1)(c)
(c) "Nonprofit organization" means an organization or association not organized or conducted for pecuniary profit.
895.52(1)(d)1.
1. A person, including a governmental body or nonprofit organization, that owns, leases or occupies property.
895.52(1)(d)2.
2. A governmental body or nonprofit organization that has a recreational agreement with another owner.
895.52(1)(e)
(e) "Private property owner" means any owner other than a governmental body or nonprofit organization.
