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 willful 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.
895.481 Annotation
The application of this section is not limited to equine professionals. The exception to immunity under sub. (3) (a) for faulty equipment did not apply when no connection between the equipment and the plaintiff's injuries was shown. Kangas v. Perry, 2000 WI App 234,
239 Wis. 2d 392,
620 N.W.2d 429.
895.481 Annotation
"Provides an equine" in sub. (3) (b) means to make available for use an equine that the provider either owns or controls and does not encompass an equine previously sold or given to the individual claiming damages. Barritt v. Lowe, 2003 WI App 185,
266 Wis. 2d 863,
669 N.W.2d 189,
03-0034.
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 local 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 division of emergency management in the department of military affairs 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 local 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 Annotation
A town that responds to a Level B hazardous waste release in its own capacity in the absence of a county wide agreement does not receive immunity from civil liability under sub. (2), 1997 Stats., but other statutory and common law immunities apply.
OAG 1-99.
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.
895.485 Cross-reference
Cross Reference: See also ch.
HFS 37, Wis. adm. code.
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.
895.486(1)(b)
(b) A claim for payment, reimbursement or benefits payable under an insurance policy.
895.486(1)(c)
(c) A payment made in accordance with the terms of an insurance policy.
895.486(2)
(2) Any person who, absent malice, files a report with or furnishes information concerning suspected, anticipated, or completed insurance fraud is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information to any of the following or to their agents, employees or designees:
895.486(2)(c)
(c) The National Association of Insurance Commissioners.
895.486(2)(d)
(d) Any governmental agency established to detect and prevent insurance fraud.
895.486(2)(e)
(e) Any nonprofit organization established to detect and prevent insurance fraud.
895.486(2)(f)
(f) Any insurer or authorized representative of an insurer.
895.486(3)
(3) Any information furnished by an insurer in response to a report or information furnished under
sub. (2) is confidential and may be made public only if required in a civil or criminal action.
895.486(4)
(4) If a civil action is commenced against a person for damages related to the filing of a report or the furnishing of information under
sub. (2) and the court determines that the person is immune from civil liability for his or her acts or omissions in filing the report or furnishing the information, the person filing the report or furnishing the information shall recover costs under
ch. 814 and, notwithstanding
s. 814.04 (1), reasonable attorney fees.
895.486 History
History: 1995 a. 177.
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 415,
671 N.W.2d 388,
02-3158.
895.49
895.49
Certain agreements to limit or eliminate tort liability void. 895.49(1)(1) Any provision to limit or eliminate tort liability as a part of or in connection with any contract, covenant or agreement relating to the construction, alteration, repair or maintenance of a building, structure, or other work related to construction, including any moving, demolition or excavation, is against public policy and void.
895.49(2)
(2) This section does not apply to any insurance contract or worker's compensation plan.
895.49(3)
(3) This section shall not apply to any provision of any contract, covenant or agreement entered into prior to July 1, 1978.
895.49 History
History: 1977 c. 441; Stats. 1977 s. 895.47;
1977 c. 447; Stats. 1977 s. 895.49.
895.49 Annotation
This section did not void an indemnity clause in a contract. Gerdmann v. U.S. Fire Insurance Co.
119 Wis. 2d 367,
350 N.W.2d 730 (Ct. App. 1984).
895.495
895.495
Safety devices on farm equipment, ordinary negligence. 895.495(1)(a)
(a) "Farm equipment" means a tractor or other machine used in the business of farming.
895.495(1)(b)
(b) "Safety device" means a guard, shield or other part that has the purpose of preventing injury to humans.
895.495(2)
(2) If a person in the business of selling or repairing farm equipment fabricates a safety device and installs the safety device on used farm equipment, after determining either that the farm equipment was not originally equipped with such a safety device or that a replacement is not available from the original manufacturer or from a manufacturer of replacements, and notifies the owner or purchaser of the farm equipment that the person fabricated the safety device, the person is not liable for claims founded in tort for damages arising from the safety device unless the claimant proves, by a preponderance of the evidence, that a cause of the claimant's harm was the failure to use reasonable care with respect to the design, fabrication, inspection, condition or installation of, or warnings relating to, the safety device.
895.495 History
History: 1993 a. 455.
895.50
895.50
Right of privacy. 895.50(1)(1) The right of privacy is recognized in this state. One whose privacy is unreasonably invaded is entitled to the following relief:
895.50(1)(a)
(a) Equitable relief to prevent and restrain such invasion, excluding prior restraint against constitutionally protected communication privately and through the public media;
895.50(1)(b)
(b) Compensatory damages based either on plaintiff's loss or defendant's unjust enrichment; and
895.50(2)
(2) In this section, "invasion of privacy" means any of the following:
895.50(2)(a)
(a) Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, in a place that a reasonable person would consider private or in a manner which is actionable for trespass.
895.50(2)(b)
(b) The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian.
