LRB-5023/1
RPN:skg&mkd:km
1995 - 1996 LEGISLATURE
February 26, 1996 - Introduced by Representatives Otte, Goetsch, Musser,
Baumgart, Ainsworth, Seratti, Lazich, Skindrud, Kreibich, Gunderson,
Klusman and F. Lasee, cosponsored by Senator Panzer. Referred to
Committee on Judiciary.
AB964,1,3
1An Act to renumber and amend 895.525 (2);
to repeal and recreate 895.525
2(3); and
to create 895.525 (2) (a) of the statutes;
relating to: immunity of
3supervisors of and participants in recreational activities.
Analysis by the Legislative Reference Bureau
Under current law, a participant in a recreational activity engaged in on
premises owned or leased by a person who offers facilities to the general public
accepts the risks inherent in the recreational activity. In a negligence action for
recovery of damages, conduct by a participant who accepts the inherent risks in the
recreational activity is contributory negligence and is subject to the comparative
negligence allocation of damages.
Under this bill, a person is immune from civil liability for acts or omissions
related to his or her transportation to, participation in or supervision of a
recreational activity if another person is injured or killed as a result of an inherent
risk of a recreational activity. The immunity does not apply if the person uses or
provides equipment that he or she knows is faulty and that equipment causes the
injury or death, if the person acts in a wanton or wilful disregard of the safety of the
person injured or killed or if the person intentionally causes the injury or death.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB964, s. 1
4Section
1. 895.525 (2) of the statutes is renumbered 895.525 (2) (intro.) and
5amended to read:
AB964,2,2
1895.525
(2) (title)
Definition Definitions. (intro.) In this section
2,"recreational:
AB964,2,13
3(b) "Recreational activity" means any activity undertaken for the purpose of
4exercise, relaxation or pleasure, including practice or instruction in any such
5activity. "Recreational activity" includes, but is not limited to, hunting, fishing,
6trapping, camping, bowling, billiards, picnicking, exploring caves, nature study,
7dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching,
8motorcycling, operating an all-terrain vehicle, ballooning, curling, throwing darts,
9hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing,
10skating, participation in water sports, weight and fitness training, sight-seeing,
11rock-climbing, cutting or removing wood, climbing observation towers, animal
12training, harvesting the products of nature and any other sport, game or educational
13activity.
AB964, s. 2
14Section
2. 895.525 (2) (a) of the statutes is created to read:
AB964,2,1715
895.525
(2) (a) "Inherent risk" means a condition or danger that is an integral
16part of the recreational activity and includes the unpredictable action of a
17participant or spectator.
AB964, s. 3
18Section
3. 895.525 (3) of the statutes is repealed and recreated to read:
AB964,2,2319
895.525
(3) Immunity from liability. (a) Except as provided in par. (b), a person
20being transported to, participating in or supervising a recreational activity is
21immune from civil liability for acts or omissions related to his or her transportation
22to, participation in or supervision of a recreational activity if a person is injured or
23killed as a result of an inherent risk of a recreational activity.
AB964,2,2524
(b) The immunity under this subsection does not apply if the person seeking
25immunity does any of the following:
AB964,3,2
11. Uses or provides participants with equipment that he or she knows is faulty
2and that equipment causes the person's injury or death.
AB964,3,43
2. Acts in a wilful or wanton disregard for the safety of the person injured or
4killed.
AB964,3,55
3. Intentionally causes the person's injury or death.
