Feed for /2013/related/proposals/sb321 PDF
LRB-2345/1
PJH:jld:ph
2013 - 2014 LEGISLATURE
October 2, 2013 - Introduced by Senators Leibham, Grothman, Gudex, Hansen,
Harsdorf and Lassa, cosponsored by Representatives Tittl, Bies, Brooks,
Kaufert, Kestell, Knodl, T. Larson, Murphy, Murtha, Ripp, Smith and
Thiesfeldt. Referred to Committee on Judiciary and Labor.
SB321,1,3 1An Act to amend 895.52 (1) (g) and 895.525 (2) of the statutes; relating to:
2limitation of a property owner's liability when lands are used for
3noncommercial aviation.
Analysis by the Legislative Reference Bureau
Under current law, a private property owner is not generally liable for injuries
sustained by a person engaging in recreational activities on the property. Under
current law, a private property owner generally owes no duty to keep the property
safe for recreational activities or to give recreational users a warning of an unsafe
condition on the property. In order to avoid liability for injuries sustained by a person
engaging in a recreational activity, the private property owner may not accept
payment of more than $2,000 in one year for allowing persons to engage in
recreational activities on the property, and he or she may not maliciously act or fail
to act in a manner that causes the injury.
Under current law, a person who engages in a recreational activity generally
assumes the risks inherent in participating in that activity and has a duty to take
certain measures to ensure his or her own safety while engaging in the activity. If
a person is injured while participating in a recreational activity, he or she may be
held partially or wholly liable for his or her injuries, depending on the nature of the
activity and the measures the person took or failed to take to ensure his or her safety.
This bill adds noncommercial aviation as a recreational use for which a private
property owner owes no duty to keep his or her property safe or to give recreational
users a warning of an unsafe condition on his or her property. Under the bill, a person

who engages in noncommercial aviation is engaged in a recreational activity and
assumes the risks inherent in the activity and is responsible for taking measures to
ensure his or her own safety.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB321,1 1Section 1. 895.52 (1) (g) of the statutes, as affected by 2013 Wisconsin Act 20,
2is amended to read:
SB321,2,153 895.52 (1) (g) "Recreational activity" means any outdoor activity undertaken
4for the purpose of exercise, relaxation or pleasure, including practice or instruction
5in any such activity. "Recreational activity" includes hunting, fishing, trapping,
6camping, picnicking, exploring caves, nature study, bicycling, horseback riding,
7bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain
8vehicle, operating a vehicle, as defined in s. 340.01 (74), on a road designated under
9s. 23.115, noncommercial aviation,
ballooning, hang gliding, hiking, tobogganing,
10sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing,
11rock-climbing, cutting or removing wood, climbing observation towers, animal
12training, harvesting the products of nature, sport shooting and any other outdoor
13sport, game or educational activity. "Recreational activity" does not include any
14organized team sport activity sponsored by the owner of the property on which the
15activity takes place.
SB321,2 16Section 2. 895.525 (2) of the statutes is amended to read:
SB321,3,1017 895.525 (2) Definition. In this section, "recreational activity" means any
18activity undertaken for the purpose of exercise, relaxation or pleasure, including
19practice or instruction in any such activity. "Recreational activity" does not include
20participating in a snow sport at a ski area, as those terms are defined in s. 167.33,

1but includes hunting, fishing, trapping, camping, bowling, billiards, picnicking,
2exploring caves, nature study, dancing, bicycling, horseback riding,
3horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle
4or utility terrain vehicle, noncommercial aviation, ballooning, curling, throwing
5darts, hang gliding, hiking, sleigh riding, snowmobiling, skating, participation in
6water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or
7removing wood, climbing observation towers, animal training, harvesting the
8products of nature, sport shooting, and participating in a snow sport outside a ski
9area, as those terms are defined in s. 167.33, and any other sport, game or
10educational activity.
SB321,3,1111 (End)
Loading...
Loading...