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(2) or any hospital where blood is withdrawn by that person has the same immunity from liability under sub.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).
895.535 History
History: 2015 a. 238.
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.
895.56(2)(b)
(b) In the course of performing a contract described in par.
(a), petroleum-contaminated soil was encountered on the property on which the contracted activity is taking place, and the petroleum-contaminated soil cannot be avoided in performing the contract.
895.56(2)(c)
(c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s.
84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.
895.56(3)
(3) Subsection
(2) does not apply to any person to whom any of the following applies:
895.56(3)(a)
(a) The person brought petroleum-contaminated soil onto the property or otherwise caused the initial contamination of the property with a hazardous substance, as defined in s.
292.01 (5).
895.56(3)(b)
(b) The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
895.56(3)(c)
(c) The person fails to warn the department of transportation or the department of natural resources about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources.
895.56(3)(d)
(d) The person is under a previous or separate contract with a state agency, as defined in s.
1.12 (1) (b), solely to remove or remedy petroleum-contaminated soil or hazardous substances on the property.
895.56(3)(e)
(e) The person causes personal injury or wrongful death.
895.56 History
History: 1997 a. 237.
895.57
895.57
Damages and immunity; unauthorized release of animals. 895.57(1)(ag)
(ag) “Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.
895.57(2)
(2) A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, punitive damages, attorney fees and interest on the amount of the damages incurred at the rate of 12 percent per year from the date of the intentional release. The damages awarded shall include the costs of restoring the animal to confinement.
895.57(3)
(3) Subsection
(2) does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s.
169.15,
169.18, or
169.19, subject to certification under s.
90.21, or designated as a wildlife refuge under s.
29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.
895.57(4)(a)(a) In this subsection, “security device" includes any of the following:
895.57(4)(a)2.
2. A theft alarm signal device, a burglar alarm or any other security alarm system or device.
895.57(4)(b)
(b) Subject to par.
(d), an owner or custodian of a confined animal is immune from civil liability for any damages to a person who suffers the damages while violating or attempting to violate s.
943.75 (2) or
(2m).
895.57(4)(c)
(c) An owner or custodian of an animal that is released in violation of s.
943.75 (2) or
(2m) is immune from liability for any damages caused by that released animal.
895.57(4)(d)
(d) The immunity provided to an owner or custodian of a confined animal under par.
(b) does not apply if the injury was caused by a security device that is intended or likely to cause death or great bodily harm, as defined in s.
939.22 (14).
895.58
895.58
Liability exemption; use of special waste under public works contracts. 895.58(1)(a)
(a) “Department" means the department of natural resources.
895.58(1)(b)
(b) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
895.58(1)(c)
(c) “Public works project" means any work done under contract to a state agency or local governmental unit.
895.58(1)(d)
(d) “Special waste" means any type of solid waste for which the department has granted a waiver or an exemption under s.
289.43 (3),
(4),
(7), or
(8) or that is exempt by rule promulgated under s.
289.05 (4).
895.58(2)
(2) The department may characterize a special waste as suitable for beneficial use in public works projects. The department shall compile and maintain a list of special wastes that are suitable for use in specified types of public works projects in a format readily available to the general public and only those special wastes may be required by contracting agencies to be used in a public works project. The list may include conditions under which the special waste may be used in the public works project in order for subs.
(3) and
(4) to be applicable. The list under this subsection is not a rule under s.
227.01 (13).
895.58(3)
(3) Special waste, when used in a public works project, is exempt from regulation as solid waste under ch.
289 if all of the applicable conditions included in the list compiled under sub.
(2) are met.
895.58(4)
(4) A person is immune from liability for the use of special waste on a public works project or for damages resulting from the person's actions or omissions relating to the use of the special waste on a public works project if all of the following apply:
895.58(4)(a)
(a) The acts or omissions by the person occurred while performing work under a contract for a public works project 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 for a public works project to perform labor or furnish materials.
895.58(4)(b)
(b) The acts or omissions involving the special wastes were required or permitted in a contract for a public works project and the acts or omissions conformed to the provisions of the contract.
895.58(5)
(5) Subsection
(4) does not apply to any person to whom either of the following applies:
895.58(5)(a)
(a) The person's act or omission involved reckless, wanton or intentional misconduct.
