895.463 History
History: 2015 a. 391.
895.47
895.47
Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation. If the Wisconsin State Agencies Building Corporation or the Wisconsin State Public Building Corporation is the defendant in an action or special proceeding in its capacity as owner of facilities occupied by any department or agents of any department of state government, the judgment as to damages and costs shall be paid by the state from the appropriation made under
s. 20.865 (1) (fm). The state, when it does not provide legal counsel to the defendant, its members, officers or employees, shall pay reasonable attorney fees and costs of defending the action regardless of the results of the litigation, unless the court or jury finds that the member, officer or employee did not act within the scope of that person's employment. Failure by the defendant to give notice to the department of justice of an action or special proceeding commenced against it, its members, officers or employees as soon as reasonably possible shall bar recovery by the defendant, its members, officers or employees from the state under this section. Attorney fees and expenses may not be recovered if the state offers the member, officer or employee legal counsel and the offer is refused.
895.47 History
History: 1977 c. 344,
447.
895.472
895.472
Indemnification of a financial institution. A financial institution, as defined in
s. 943.80 (2), that compensates a customer for a pecuniary loss resulting from a financial crime, as defined in
s. 943.80 (1), or assumes the loss, may bring a civil action against the person who committed the crime to recover the amount of the loss, any other damages incurred by the financial institution as a result of the crime, and the costs incurred to bring the action, including attorney's fees.
895.472 History
History: 2005 a. 212 s.
2;
2007 a. 97 s.
239.
EXEMPTIONS FROM, AND LIMITATIONS ON, LIABILITY
895.475
895.475
Exemption from civil liability for furnishing safety inspection or advisory services. The furnishing of, or failure to furnish, safety inspection or advisory services intended to reduce the likelihood of injury, death or loss shall not subject a state officer, employee or agent, or an insurer, the insurer's agent or employee undertaking to perform such services as an incident to insurance, to liability for damages from injury, death or loss occurring as a result of any act or omission in the course of the safety inspection or advisory services. This section shall not apply if the active negligence of the state officer, employee or agent, or of the insurer, the insurer's agent or employee created the condition that was the proximate cause of injury, death or loss. This section shall not apply to an insurer, the insurer's agent or employee performing the safety inspection or advisory services when required to do so under the provisions of a written service contract.
895.475 History
History: 1991 a. 39;
2005 a. 155 s.
42; Stats. 2005 s. 895.475.
895.475 Annotation
A “written service contract" is a contract that obligates the insurer to provide loss control services to an insured. Samuels Recycling Co. v. CNA Insurance Cos.
223 Wis. 2d 233,
588 N.W.2d 385 (Ct. App. 1998),
97-3511.
895.48
895.48
Civil liability exemption; emergency medical care. 895.48(1)(1) Except as provided in
sub. (1g), any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care.
895.48(1g)
(1g) The immunity described in
sub. (1) and
s. 450.11 (1i) (c) 3. does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, enroute to a hospital or other institution equipped with hospital facilities, or at a physician's office.
895.48(1m)(a)(a) Except as provided in
par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under
ch. 448, chiropractor licensed under
ch. 446, dentist licensed under
ch. 447, emergency medical technician licensed under
s. 256.15, first responder certified under
s. 256.15 (8), registered nurse licensed under
ch. 441, or a massage therapist or bodywork therapist licensed under
ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in
s. 66.0129 (6) (b), a private school, as defined in
s. 115.001 (3r), a tribal school, as defined in
s. 115.001 (15m), a public agency, as defined in
s. 46.856 (1) (b), or a school, as defined in
s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
895.48(1m)(a)1.
1. The health care is rendered at the site of the event or contest, during transportation to a health care facility from the event or contest, or in a locker room or similar facility immediately before, during or immediately after the event or contest.
895.48(1m)(a)2.
2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.
895.48(1m)(b)
(b) Paragraph (a) does not apply to health care services provided by a volunteer health care provider under
s. 146.89.
895.48(4)(ag)1.
1. “Cardiac arrest" means the sudden cessation of cardiac function and the disappearance of arterial blood pressure that connote ventricular fibrillation or pulseless ventricular tachycardia.
895.48(4)(ag)2.
2. “Pulseless ventricular tachycardia" means a disturbance in the normal rhythm of the heart that is characterized by rapid electrical activity of the heart with no cardiac output.
895.48(4)(am)
(am) Any of the following, other than an emergency medical technician or a first responder — defibrillation, is immune from civil liability for the acts or omissions of a person in rendering in good faith emergency care by use of an automated external defibrillator to an individual who appears to be in cardiac arrest:
895.48(4)(am)3.
3. The person who provides the automated external defibrillator for use, if the person ensures that the automated external defibrillator is maintained and tested in accordance with any operational guidelines of the manufacturer.
895.48(4)(am)4.
4. Any person who provides training in the use of an automated external defibrillator to the person who renders care.
895.48(4)(b)
(b) The immunity specified in
par. (am) does not extend to any of the following:
895.48(4)(b)1.
1. A person whose act or omission resulting from the use or the provision for use of the automated external defibrillator constitutes gross negligence.
895.48(4)(b)2.
2. A health care professional who renders emergency care for compensation and within the scope of his or her usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of an emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician's office.
895.48 History
History: 1977 c. 164;
1987 a. 14;
1989 a. 31;
1993 a. 109;
1995 a. 227;
1997 a. 67,
156,
191;
1999 a. 7,
9,
32,
56,
186;
2001 a. 74;
2003 a. 33;
2005 a. 155,
188,
486;
2007 a. 130;
2009 a. 113,
302,
355;
2011 a. 260;
2013 a. 200.
895.48 Annotation
Whatever the precise scope of “scene of any emergency or accident" in sub. (1), the phrase is sufficiently broad to include the defendant's home when the injured, bleeding plaintiff arrived after being hurt in an incident involving an all-terrain vehicle in nearby woods. In the circumstances of the case, “emergency care" under sub. (1) refers to the initial evaluation and immediate assistance, treatment, and intervention rendered to the plaintiff during the period before care could be transferred to professional medical personnel. Mueller v. McMillian Warner Insurance Company,
2006 WI 54,
290 Wis. 2d 571,
714 N.W.2d 183,
05-0121.
895.48 Annotation
There are 3 requirements before sub. (1) relieves a person from liability: 1) emergency care must be rendered at the scene of the emergency; 2) the care rendered must be emergency care; and 3) any emergency care must be rendered in good faith. Clayton v. American Family Mutual Insurance Company,
2007 WI App 228,
305 Wis. 2d 766,
741 N.W.2d 297,
07-0051.
895.48 Annotation
The “Good Samaritan" law is discussed. 67 Atty. Gen. 218.
895.48 Annotation
Incidental benefits received by volunteer members of the National Ski Patrol in exchange for rendering emergency care to disabled skiers may result in a loss of civil liability immunity under the Good Samaritan law.
79 Atty. Gen. 194.
895.48 Annotation
The Good Samaritan statute. 62 MLR 469 (1979).
895.48 Annotation
The Good Samaritan Statute: Civil Liability Exemptions for Emergency Care. Szymanski. Wis. Law. July 2007.
895.4802
895.4802
Civil liability exemption; hazardous materials. 895.4802(1)(c)
(c) “Hazardous substance prediction" means any declaration or estimate of the likely spread or impact of an actual discharge of a hazardous substance that is based on meteorological, mathematical, computer or similar models.
895.4802(1)(d)
(d) “Hazardous substance predictor" means any person who makes a hazardous substance prediction pursuant to a contract or agreement with a public agency or pursuant to a contract or agreement with a person who possesses or controls hazardous substances for the purpose of assisting that person in supplying a public agency with a hazardous substance prediction in the event of an actual discharge of a hazardous substance.
895.4802(2)
(2) Any person is immune from civil liability for his or her good faith acts or omissions related to assistance or advice which the person provides relating to an emergency or a potential emergency regarding either of the following:
895.4802(2)(a)
(a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of a hazardous substance.
895.4802(2)(b)
(b) Preventing or cleaning up or attempting to prevent or clean up an actual or threatened discharge of a hazardous substance.
895.4802(3)
(3) The immunity under
sub. (2) does not extend to any person:
895.4802(3)(a)
(a) Whose act or omission causes in whole or in part the actual or threatened discharge and who would otherwise be liable for the act or omission;
895.4802(3)(c)
(c) Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct; or
895.4802(3)(d)
(d) Who receives or expects to receive compensation, other than reimbursement for out-of-pocket expenses, for rendering the advice and assistance.
895.4802(4)(a)(a) Any hazardous substance predictor or any person who provides the technology to enable hazardous substance predictions to be made is immune from civil liability for his or her good faith acts or omissions in making that prediction or providing that technology.
895.4802(4)(b)
(b) The good faith of any hazardous substance predictor or any person who provides the technology to make a prediction is presumed in any civil action. 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.
895.4802 History
History: 2005 a. 155 ss.
45,
47;
2005 a. 347 s.
55.
895.4802 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
895.4803
895.4803
Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of children and families under
s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of children and families and oral information or an audio or video presentation about the form that is prescribed by the state registrar under
s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of
s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.
895.4803 History
History: 2005 a. 155 ss.
46,
48;
2007 a. 20.
895.481
895.481
Civil liability exemption; equine activities. 895.481(1)(a)
(a) “Equine" means a donkey, hinny, horse, mule or pony.
895.481(1)(b)1.
1. Shows, fairs, competitions, performances or parades that involve any breeds of equines and any equine disciplines, including combined training, competitive trail riding, cutting, dressage, driving, endurance trail riding, English or western performance riding, grand prix jumping, horse racing, hunter and jumper shows, hunting, polo, pulling, rodeos, 3-day events and western games.
895.481(1)(b)4.
4. Riding, inspecting or evaluating an equine belonging to another, regardless of whether the owner of the equine receives monetary or other consideration for the use of the equine or permits the riding, inspection or evaluation of the equine.
895.481(1)(b)5.
5. Riding, training or driving an equine or being a passenger on an equine.
895.481(1)(b)6.
6. Riding, training or driving a vehicle pulled by an equine or being a passenger on a vehicle pulled by an equine.
895.481(1)(c)
(c) “Equine activity sponsor" means a person, whether operating for profit or nonprofit, who organizes or provides the facilities for an equine activity, including owners or operators of arenas, clubs, fairs, schools, stables and therapeutic riding programs.
895.481(1)(d)
(d) “Equine professional" means a person 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.
895.481(1)(e)
(e) “Inherent risk of equine activities" means a danger or condition that is an integral part of equine activities, including all of the following:
895.481(1)(e)1.
1. The propensity of an equine to behave in a way that may result in injury or death to a person on or near it.
895.481(1)(e)2.
2. The unpredictability of an equine's reaction to a sound, movement or unfamiliar object, person or animal.
895.481(1)(e)4.
4. The potential for a person participating in an equine activity to act in a negligent manner, to fail to control the equine or to not act within his or her ability.
895.481(1)(e)5.
5. Natural hazards, including surface and subsurface conditions.
895.481(1)(f)
(f) “Property" means real property and buildings, structures and improvements on the real property.
895.481(1)(g)
(g) “Spectator" means a person who attends or watches an equine activity but does not participate in the equine activity or perform any act or omission related to the equine activity that contributes to the injury or death of a participant in the equine activity.
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.
