895.525(5)
(5) Effect on related provisions. Nothing in this section affects the limitation of property owners' liability under s.
895.52 or the limitation of school districts' liability, of school boards' liability, and of liability of governing bodies of charter schools under s.
895.523.
895.525 Annotation
This section codifies common law. It does not impose a greater duty of care on individuals than exists at common law. Rockweit v. Senecal,
197 Wis. 2d 409,
541 N.W.2d 742 (1995),
93-1130.
895.525 Annotation
Sub. (3) does not mean that all who ski are negligent under all circumstances. Sub. (3) and (4) when read together impose an obligation of ordinary care on a skier to avoid foreseeable harms, including adherence to the conditions enumerated in sub. (4). Ansani v. Cascade Mountain, Inc.,
223 Wis. 2d 39,
588 N.W.2d 321 (Ct. App. 1998),
97-3514.
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
The Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
895.525 Annotation
Go Team! Wisconsin's Latest Recreational Immunity Controversy. Condon. Wis. Law. June 2009.
895.526
895.526
Participation in an alpine 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 an alpine sport. 895.526(2)(a)
(a) Every participant in an alpine sport at a ski area accepts the conditions and risks of the alpine sport as set forth in s.
167.33 (2).
895.526(2)(b)
(b) Every participant in an alpine 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 an alpine 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 an alpine 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 an alpine 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 an alpine sport. Every participant in an alpine sport is responsible to do all of the following:
895.526(3)(b)
(b) Choose whether to wear a helmet while participating in the alpine 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 alpine 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 an alpine 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;
2015 a. 168.
895.526 Annotation
Codify This: Exculpatory Contracts in Wisconsin Recreational Businesses. Nold. 101 MLR 573 (2017).
895.526 Annotation
The Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
895.5265
895.5265
Civil liability exemption; placement of certain structures in waterways. 895.5265(1)(1)
In this section, “department" means the department of natural resources.
895.5265(2)
(2) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by placing a structure on the bed of a navigable water or in a wetland if the structure is placed for the purpose of fish and wildlife habitat creation, protection, or improvement or if the structure is a net pen that meets the requirements under s.
30.12 (3) (b) 1. a.,
b., and
c., and if any of the following applies:
895.5265(2)(a)
(a) The department authorized the person to place the structure under a permit or other approval issued under subch.
II of ch. 30 or under s.
281.36 and the person placed the structure in accordance with the permit or other approval.
895.5265(2)(b)
(b) The person is exempt from any permit requirement under subch.
II of ch. 30 or under s.
281.36 and the structure is placed in a manner that meets the exemption requirements.
895.5265(2)(c)
(c) The person is acting under the direction of a person described under par.
(a) or
(b).
895.5265(2m)
(2m) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by a structure described under sub.
(2) if the structure was placed on the bed of a navigable water or in a wetland on or adjacent to the person's property by a predecessor in title to the property.
895.5265(3)
(3) No person authorized under sub.
(2) (a),
(b), or
(c) to place a structure in a navigable water or wetland and no person described under sub.
(2m) owe to any person a duty to do any of the following:
895.5265(3)(b)
(b) Give warning of the existence of the structure unless specifically required by law.
895.5265(3)(c)
(c) Give warning of an unsafe condition caused by the structure.
895.5265 History
History: 2015 a. 220.
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) who meets all of the requirements under s.
167.31 (4) (a) 4. 895.527 Note
NOTE: The cross-reference to s. 440.26 (1m) was changed from s. 440.26 (1m) (h) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the consolidation and renumbering of s. 440.26 (1m) (intro.) and (h) under s. 13.92 (1) (bm) 2.
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.
895.527 Annotation
The Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
895.528
895.528
Civil liability exemption; placement of markers in waterways. 895.528(1)(1)
Except as provided in sub.
(2), a person is immune from civil liability for damage or injury caused by placing, or failing to place, buoys or other markers in a waterway if all of the following apply:
895.528(1)(a)
(a) The person holds, or acts under the direction of a person who holds, a permit or other approval from the department of natural resources that authorizes the placement of the buoys or markers in the waterway.
895.528(1)(b)
(b) The permit or other approval described under par.
(a) authorizes placement of buoys or markers for the purpose of identifying or marking hazards in the waterway.
895.528(2)
(2) A person is not immune from civil liability under sub.
(1) for damage or injury caused by placing, or failing to place, buoys or other markers in a waterway if the person intentionally causes the damage or injury.
895.528 History
History: 2015 a. 91.
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.
895.529 Annotation
Under this section, property owners are merely required to refrain from willful, wanton, or reckless conduct directed towards a trespasser. Willful, wanton, or reckless conduct requires a plaintiff to allege facts establishing that the wrongdoer acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff. Stroede v. Society Insurance,
2020 WI App 8,
390 Wis. 2d 817,
939 N.W.2d 614,
18-1880.
895.529 Annotation
Occupancy, in the context of sub. (1) (a), is the equivalent of lawful presence. Anyone who is lawfully present on the premises at the time of the incident is an “other lawful occupant." Therefore, the defendant in this case was entitled to the benefit of the trespasser defense whether he was a patron of the bar or an employee at the time of the incident. Stroede v. Society Insurance,
2020 WI App 8,
390 Wis. 2d 817,
939 N.W.2d 614,
18-1880.
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.
895.535
895.535
Civil and criminal liability exemption; body cavity search. 895.535(1)(1)
Any physician, physician assistant, or registered nurse licensed to practice in this state conducting a body cavity search pursuant to s.
968.255 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
895.535(2)
(2) Any employer of the person under sub.
(1) or any health care facility where the search is conducted by that person has the same immunity from liability under sub.
(1).
