895.525 Annotation
Cheerleaders are immune from negligence actions because they participate in a recreational activity that includes physical contact between persons in a sport involving amateur teams. Cheerleading is a sport because a sport is an activity involving physical exertion and skill that is governed by a set of rules or customs. Cheerleaders are on amateur teams because a team is a group organized to work together and cheerleaders are a group dedicated to leading fan participation and taking part in competitions. Cheerleading involves a significant amount of contact among the participants that at times can produce a forceful interaction between the cheerleaders when one person is tossed high into the air and then caught by those same tossers. Noffke v. Bakke,
2009 WI 10,
315 Wis. 2d 350,
760 N.W.2d 156,
06-1886.
895.525 Annotation
Go Team! Wisconsin's Latest Recreational Immunity Controversy. Condon. Wis. Law. June 2009.
895.526
895.526
Participation in a snow sport; restrictions on civil liability, assumption of risk. 895.526(1)
(1)
Definitions. All definitions in
s. 167.33 apply to this section unless the context otherwise requires.
895.526(2)
(2) Appreciation of conditions and risk of participation in a snow sport. 895.526(2)(a)(a) Every participant in a snow sport at a ski area accepts the conditions and risks of the snow sport as set forth in
s. 167.33 (2).
895.526(2)(b)
(b) Every participant in a snow sport at a ski area is presumed to have seen and understood signage provided by the ski area operator pursuant to
s. 167.33 (3).
895.526(2)(c)
(c) Every participant in a snow sport at a ski area accepts that failure to wear a helmet or wearing a helmet that is improperly sized, fitted, or secured increases the risk of injury or death or the risk of a more severe injury. Every participant in a snow sport at a ski area accepts that a helmet may not be available for purchase or for rent at a ski area.
895.526(2)(d)
(d) Every participant in a snow sport at a ski area accepts that natural or man-made items or obstacles within a ski area, including ski area infrastructure and ski area vehicles, may be unpadded or not heavily padded and accepts that there may be a higher risk of injury or death or of a more severe injury associated with a collision with an item or obstacle that is unpadded or not heavily padded.
895.526(3)
(3) Responsibilities of a participant in a snow sport. Every participant in a snow sport is responsible to do all of the following:
895.526(3)(b)
(b) Choose whether to wear a helmet while participating in the snow sport. If the participant chooses to wear a helmet, he or she has the responsibility to ensure the helmet is of the correct size and fit and to ensure that it is properly secured while he or she participates in the snow sport.
895.526(4)
(4) Limits on liability for a ski area operator; release and liability of a participant. 895.526(4)(a)(a) A ski operator who fulfills all of his or her duties under
s. 167.33 (3) and
(4) owes no further duty of care to a participant in a snow sport and is not liable for an injury or death that occurs as a result of any condition or risk accepted by the participant under
sub. (2).
895.526(4)(b)
(b) A participant involved in a collision with any other participant or with a nonparticipant may be liable for an injury or death that occurs as a result of the collision.
895.526(5)
(5) Effect on related provision. Nothing in this section affects the limitation of a property owner's liability under
s. 895.52.
895.526 History
History: 2011 a. 199.
895.527
895.527
Sport shooting range activities; limitations on liability and restrictions on operation. 895.527(1)
(1) In this section, "sport shooting range" means an area designed and operated for the use and discharge of firearms.
895.527(2)
(2) A person who owns or operates a sport shooting range is immune from civil liability related to noise resulting from the operation of the sport shooting range.
895.527(3)
(3) A person who owns or operates a sport shooting range is not subject to an action for nuisance or to state or local zoning conditions related to noise. If a sport shooting range, on the date it was established, was a lawful or legal nonconforming use under any state law or local ordinance related to its use that was in effect on that date, the sport shooting range continues to be subject to the state laws and local ordinances related to its use that were in effect on the date it was established. No court may enjoin or restrain the operation or use of a sport shooting range on the basis of noise or on the basis of noncompliance with a state law or local ordinance related to its operation or use that was enacted after the date that the sport shooting range was established if the sport shooting range, on the date it was established, was a lawful or legal nonconforming operation or use under any state law or local ordinance related to its operation or use that was in effect on that date.
895.527(4)
(4) Any sport shooting range that exists on July 16, 2013, may continue to operate as a sport shooting range at that location notwithstanding any zoning ordinance enacted under
s. 59.69,
59.692,
60.61,
60.62,
61.35 or
62.23 (7), if the sport shooting range is a lawful use or a legal nonconforming use under any zoning ordinance enacted under
s. 59.69,
59.692,
60.61,
60.62,
61.35 or
62.23 (7) that is in effect on July 16, 2013. The operation of the sport shooting range continues to be a lawful use or legal nonconforming use notwithstanding any expansion of, or enhancement or improvement to, the sport shooting range.
895.527(5)
(5) Any sport shooting range that exists on June 18, 1998, may continue to operate as a sport shooting range at that location notwithstanding all of the following:
895.527(6)
(6) A city, village town or county may regulate the hours between 11:00 p.m. and 6:00 a.m. that an outdoor sport shooting range may operate, except that such a regulation may not apply to a law enforcement officer as defined in
s. 165.85 (2) (c), a member of the U.S. armed forces or a private security person as defined in
s. 440.26 (1m) (h) who meets all of the requirements under
s. 167.31 (4) (a) 4.
895.527(7)
(7) A person who is shooting in the customary or a generally acceptable manner at a sport shooting range between the hours of 6:00 a.m. and 11:00 p.m. is presumed to not be engaging in disorderly conduct merely because of the noise caused by the shooting.
895.527(8)
(8) An owner or operator of a sport shooting range, or an employee, agent, contractor, customer, or insurer of the owner or operator of a sport shooting range, and any user of a sport shooting range is immune from civil liability in any action commenced by the state or its political subdivisions, or by a special purpose district, related to the use, release, placement, deposition, or accumulation of any projectiles on or under the sport shooting range or other contiguous real property over which the owner or operator of a sport shooting range has an easement, leasehold, or other legal right to use.
895.527(9)
(9) An owner, operator, officer, or board member of a sport shooting range, and any employee or volunteer acting on behalf of the owner or operator who provided recommendations regarding the operation of a sport shooting range, are immune from any civil action based solely on the negligent action of a user of the sport shooting range.
895.527(10)
(10) This section does not impair or diminish the private property rights of owners of property adjoining a sport shooting range.
895.527 Annotation
This section does not prohibit the application of a zoning ordinance to a sport shooting range unless the range was a lawful use under the ordinance as of June 18, 1998. Town of Avon v. Edgar Oliver,
2002 WI App 97,
253 Wis. 2d 647,
644 N.W.2d 260,
01-1851.
895.529
895.529
Civil liability limitation; duty of care owed to trespassers. 895.529(1)(a)
(a) "Possessor of real property" means an owner, lessee, tenant, or other lawful occupant of real property.
895.529(1)(b)
(b) "Trespasser" means a natural person who enters or remains upon property in possession of another without express or implied consent.
895.529(2)
(2) Except as provided in
sub. (3), a possessor of real property owes no duty of care to a trespasser.
895.529(3)
(3) A possessor of real property may be liable for injury or death to a trespasser under the following circumstances:
895.529(3)(a)
(a) The possessor of real property willfully, wantonly, or recklessly caused the injury or death. This paragraph does not apply if the possessor used reasonable and necessary force for the purpose of self-defense or the defense of others under
s. 939.48 or used reasonable and necessary force for the protection of property under
s. 939.49.
895.529(3)(b)
(b) The person injured or killed was a child and all of the following apply:
895.529(3)(b)1.
1. The possessor of real property maintained, or allowed to exist, an artificial condition on the property that was inherently dangerous to children.
895.529(3)(b)2.
2. The possessor of real property knew or should have known that children trespassed on the property.
895.529(3)(b)3.
3. The possessor of real property knew or should have known that the artificial condition he or she maintained or allowed to exist was inherently dangerous to children and involved an unreasonable risk of serious bodily harm or death to children.
895.529(3)(b)4.
4. The injured or killed child, because of his or her youth or tender age, did not discover the condition or realize the risk involved in entering onto the property, or in playing in close proximity to the inherently dangerous artificial condition.
895.529(3)(b)5.
5. The possessor of real property could have reasonably provided safeguards that would have obviated the inherent danger without interfering with the purpose for which the artificial condition was maintained or allowed to exist.
895.529(4)
(4) This section does not create or increase any liability on the part of a possessor of real property for circumstances not specified under this section and does not affect any immunity from or defenses to liability available to a possessor of real property under common law or another statute.
895.529 History
History: 2011 a. 93.
895.53
895.53
Civil and criminal liability exemption; tests for intoxication. 895.53(1)(a)
(a) "Conservation warden" means a person appointed as a conservation warden by the department of natural resources under
s. 23.10 (1).
895.53(2)
(2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
895.53(3)
(3) Any employer of the person under
sub. (2) or any hospital where blood is withdrawn by that person has the same immunity from liability under
sub. (2).
895.53 History
History: 1983 a. 535;
1983 a. 538 s.
256; Stats. 1983 s. 895.53;
1985 a. 331;
1995 a. 448;
2005 a. 155.
895.54
895.54
Liability exemption; notification of release. A person is immune from any liability regarding any act or omission regarding the notification of any applicable office or person under
s. 51.37 (10),
304.06 (1),
971.17 (4m) or
(6m) or
980.11. This section does not apply to willful or wanton acts or omissions.
895.54 History
History: 1991 a. 269;
1993 a. 479.
895.55
895.55
Liability exemption; oil discharge control. 895.55(1)(a)
(a) "Damages" means those damages specified in
33 USC 2702 (b) (2) and includes the cost of assessing those damages.
895.55(1)(b)
(b) "Discharge" means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.
895.55(1)(c)
(c) "Federal on-scene coordinator" means the federal official designated by the federal environmental protection agency or the U.S. coast guard to coordinate and direct responses under the national contingency plan.
895.55(1)(e)
(e) "Oil" means petroleum, hydrocarbon, vegetable or mineral oil of any kind or in any form and includes oil mixed with wastes other than dredged spoil.
895.55(1)(f)
(f) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
895.55(1)(g)
(g) "Removal" means the containment and elimination of oil from water, shorelines and beaches or the taking of other actions, including disposal, as may be necessary to minimize or mitigate damages to public health and welfare, including to fish, shellfish, wildlife and public or private property, shorelines and beaches.
895.55(1)(h)
(h) "Removal costs" means the costs of removal that are incurred after an oil discharge occurs or, if there is a substantial threat of an oil discharge, the costs to prevent, minimize or mitigate an oil discharge.
895.55(2)
(2) Notwithstanding any provision of
s. 93.57,
299.11,
299.13,
299.31,
299.43,
299.45,
299.51,
299.53 or
299.55,
subchs. II and
IV of ch. 30,
ch. 29,
281,
283,
289,
291,
292, or
323 or
subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:
895.55(2)(a)
(a) Those acts or omissions were taken while rendering assistance, advice or care related to the threat of an oil discharge into the navigable waters of this state or related to the removal of oil resulting from an oil discharge into the navigable waters of this state.
895.55(2)(b)
(b) The assistance, advice or care was consistent with the national contingency plan or the state contingency plan or was otherwise directed by the federal on-scene coordinator or the secretary of natural resources.
895.55(3)
(3) The immunity under
sub. (2) does not extend to any person:
895.55(3)(a)
(a) Who is required to act under
s. 292.11 (3) because the person possessed or controlled the oil that was initially discharged into the navigable waters of this state or caused the initial discharge or initial threat of discharge of the oil into the navigable waters of this state.
895.55(3)(b)
(b) Whose act or omission involves gross negligence or reckless, wanton or intentional misconduct.
895.55(3)(c)
(c) Who causes personal injury or wrongful death.
895.55(4)
(4) A person under
sub. (3) (a) is liable for any damages or removal costs that another person is immune from under
sub. (2).
895.55(5)
(5) Nothing in this section affects the responsibility of a person under
sub. (3) (a) to fulfill that person's requirements under
s. 292.11.
895.555
895.555
Civil liability exemption; anhydrous ammonia. 895.555(1)(1)
Liability exemption. Except as provided under
sub. (2), any person who owns, maintains, or installs anhydrous ammonia equipment, as defined in
s. 101.10 (1) (b), or who uses anhydrous ammonia for any legal purpose is immune from any civil liability for acts or omissions relating to the anhydrous ammonia equipment or to anhydrous ammonia that cause damage or injury to an individual, if that damage or injury occurs during the individual's violation of
s. 101.10 (3) (c),
(d),
(e), or
(f).
895.555(2)
(2) Exception. A person is not immune from civil liability under
sub. (1) if the damage or injury is caused by the person's reckless or wanton acts or omissions or by acts or omissions intended by the person to cause damage or injury.
895.555 History
History: 2001 a. 3;
2005 a. 14,
155.
895.56
895.56
Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation. 895.56(1)(a)
(a) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, as defined in
s. 1.12 (1) (b), or federal agency.
895.56(1)(b)
(b) "Petroleum-contaminated soil" means soil contaminated with material derived from petroleum, natural gas or asphalt deposits, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.
895.56(2)
(2) A person is immune from liability arising under
s. 292.11 and from any liability for the removal or remedying of petroleum-contaminated soil or for damages resulting from the person's actions or omissions relating to petroleum-contaminated soil if all of the following apply:
895.56(2)(a)
(a) The acts or omissions by the person occurred while performing a contract entered into under
s. 84.06 (2), including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in
s. 779.01 (2) (d), under a contract entered into under
s. 84.06 (2) to perform labor or furnish materials.
