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 429,
671 N.W.2d 388,
02-3158.
895.497
895.497
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.
895.506
895.506
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.
895.507
895.507
Notice of unauthorized acquisition of personal information. 895.507(1)(a)1.1. "Entity" means a person, other than an individual, that does any of the following:
895.507(1)(a)1.a.
a. Conducts business in this state and maintains personal information in the ordinary course of business.
895.507(1)(a)2.a.
a. The state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.
895.507(1)(am)
(am) "Name" means an individual's last name combined with the individual's first name or first initial.
895.507(1)(b)
(b) "Personal information" means an individual's last name and the individual's first name or first initial, in combination with and linked to any of the following elements, if the element is not publicly available information and is not encrypted, redacted, or altered in a manner that renders the element unreadable:
895.507(1)(b)2.
2. The individual's driver's license number or state identification number.
895.507(1)(b)3.
3. The number of the individual's financial account number, including a credit or debit card account number, or any security code, access code, or password that would permit access to the individual's financial account.
895.507(1)(b)5.
5. The individual's unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.
895.507(1)(c)
(c) "Publicly available information" means any information that an entity reasonably believes is one of the following:
895.507(1)(c)2.
2. Lawfully made available to the general public from federal, state, or local government records or disclosures to the general public that are required to be made by federal, state, or local law.
895.507(2)(a)(a) If an entity whose principal place of business is located in this state or an entity that maintains or licenses personal information in this state knows that personal information in the entity's possession has been acquired by a person whom the entity has not authorized to acquire the personal information, the entity shall make reasonable efforts to notify each subject of the personal information. The notice shall indicate that the entity knows of the unauthorized acquisition of personal information pertaining to the subject of the personal information.
895.507(2)(b)
(b) If an entity whose principal place of business is not located in this state knows that personal information pertaining to a resident of this state has been acquired by a person whom the entity has not authorized to acquire the personal information, the entity shall make reasonable efforts to notify each resident of this state who is the subject of the personal information. The notice shall indicate that the entity knows of the unauthorized acquisition of personal information pertaining to the resident of this state who is the subject of the personal information.
895.507(2)(bm)
(bm) If a person, other than an individual, that stores personal information pertaining to a resident of this state, but does not own or license the personal information, knows that the personal information has been acquired by a person whom the person storing the personal information has not authorized to acquire the personal information, and the person storing the personal information has not entered into a contract with the person that owns or licenses the personal information, the person storing the personal information shall notify the person that owns or licenses the personal information of the acquisition as soon as practicable.
