Chapter 895

895.484(2)(f) (f) If the actor left the scene before the owner or operator of the vehicle returned to the scene, the actor placed a notice on the windshield of the vehicle that included his or her name, telephone number, and mailing address, the reason he or she entered the vehicle, and the location, if known, of the person or domestic animal when the actor left the scene.

895.484 History History: 2015 a. 103; 2017 a. 12.

895.485 895.485 Civil liability exemption; out-of-home care providers and child-placing agencies.

895.485(1) (1) Definitions. In this section:

895.485(1)(ag) (ag) “Age or developmentally appropriate activities” has the meaning given in s. 48.02 (1dm).

895.485(1)(b) (b) “Foster home” has the meaning given in s. 48.02 (6).

895.485(1)(c) (c) “Out-of-home care provider” has the meaning given in s. 48.02 (12r).

895.485(1)(d) (d) “Reasonable and prudent parent standard” has the meaning given in s. 48.02 (14r).

895.485(2) (2) Foster parents; liability exemption. Except as provided in ss. 167.10 (7) and 343.15 (2), any foster parent licensed under s. 48.62 is immune from civil liability for any of the following:

895.485(2)(a) (a) An act or omission of the foster parent while that parent is acting in his or her capacity as a foster parent.

895.485(2)(b) (b) An act or omission of a child who is placed in a foster home while the child is in the foster parent’s care.

895.485(3) (3) Foster parents; exceptions to liability exemption. The immunity specified in sub. (2) does not apply if the act or omission of a foster 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 parent and the compliance of the foster 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 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) Child-placing agencies; liability exemption; exceptions. Any agency that acts in good faith in placing a child with a foster parent is immune from civil liability for any act or omission of the agency, the foster parent, or the child unless all of the following occur:

895.485(4)(a) (a) The agency has failed to provide the foster parent with any information relating to a medical, physical, mental, or emotional condition of the child that the agency is required to disclose under this paragraph. The department of children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster parent that 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(5) (5) Out-of-home care providers; liability exemption. Except as provided in ss. 167.10 (7) and 343.15 (2), an out-of-home care provider who grants permission for a child in the care of the out-of-home care provider to participate in an age or developmentally appropriate activity is immune from civil liability for any act or omission of the out-of-home care provider in granting that permission if in granting that permission the out-of-home care provider applied the reasonable and prudent parent standard in accordance with the requirements of ss. 48.383 (1) and 938.383 (1) and the rules promulgated under ss. 48.383 (3) and 938.383 (3). The immunity provided under this subsection applies only to the decision granting that permission itself and does not extend to any other act or omission of the out-of-home care provider, including any act or omission relating to the out-of-home care provider’s duty to comply with any provision of licensure under s. 48.70, rule promulgated under s. 48.67, or any other statute, rule, or regulation that is applicable to the out-of-home care provider’s duty to protect the health, safety, and welfare of the child. The immunity provided under this subsection does not affect any immunity from, limitation on, or defense to liability that is available under any other statute or the common law.

895.485(6) (6) Out-of-home care providers; liability exemption; presumptions. An out-of-home care provider who grants permission for a child in the care of the out-of-home care provider to participate in an age or developmentally appropriate activity is presumed to have applied the reasonable and prudent parent standard in granting that permission. Any person who asserts that an out-of-home care provider did not apply the reasonable and prudent parent standard in granting that permission has the burden of proving that assertion.

895.485 History History: 1987 a. 377; 1989 a. 31; 1993 a. 446; 1995 a. 27 s. 9126 (19); 2007 a. 20; 2009 a. 28; 2015 a. 128.

895.485 Note NOTE: 1987 Wis. Act 377 contains a prefatory note explaining the act.

895.485 Cross-reference Cross-reference: See also ch. DCF 37, Wis. adm. code.

895.485 Annotation Foster parents are not agents of the county for purposes of tort liability. Kara B. v. Dane County, 198 Wis. 2d 24, 542 N.W.2d 777 (Ct. App. 1995), 94-1081. See also Estate of Cooper v. Milwaukee County, 103 F. Supp. 2d 1124 (2000).

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(1)(d) (d) A premium on an insurance policy.

895.486(1)(e) (e) The rating 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)(a) (a) The office of the commissioner of insurance.

895.486(2)(b) (b) A law enforcement officer.

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) (1) In this section:

895.487(1)(a) (a) “Employee” has the meaning given in s. 101.01 (3) and also includes a former employee.

895.487(1)(b) (b) “Employer” has the meaning given in s. 101.01 (4).

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.

895.487 Annotation Employer Liability for Employment References. Mac Kelly. Wis. Law. Apr. 2008.

895.488 895.488 Civil liability exemption; owner or person in lawful possession of the premises.

895.488(1) (1) In this section:

895.488(1)(a) (a) “Construction site” has the meaning given in s. 943.15 (2) (a).

895.488(1)(b) (b) “Owner or person in lawful possession of the premises” has the meaning given in s. 943.15 (2) (b).

895.488(2) (2) The owner or person in lawful possession of the premises and his or her employees are immune from civil liability for the injury or death of an assessor or a member of the staff of an assessor who enters a construction site without the permission of the owner or person in lawful possession of the premises or his or her employee to make an assessment on behalf of the state or a political subdivision.

895.488(3) (3) The immunity under this section does not apply if the injury or death resulted from the reckless, wanton, or intentional misconduct of the owner or person in lawful possession of the premises or his or her employee.

895.488 History History: 2009 a. 68.

895.489 895.489 Civil liability exemption; tenancy references.

895.489(1) (1) In this section:

895.489(1)(a) (a) “Reference” means a written or oral statement about the rental performance of an applicant for tenancy and may include statements about the applicant’s payment history, conformance to rental agreement requirements, or conformance to local and state laws; factual statements regarding any rental agreement enforcement actions, including notices given under s. 704.17, 704.19, or 710.15 (5r); and factual statements about any dispute settlement between the landlord and applicant in accordance with any agreement between the landlord and applicant relating to termination of the applicant’s tenancy.

895.489(1)(b) (b) “Tenant” means a residential tenant, regardless of the type of tenancy or rental period.

895.489(2) (2) A landlord who, on the request of a prospective landlord of an applicant for tenancy or on the request of the applicant for tenancy, provides a reference to the prospective landlord 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 landlord knowingly provided false information in the reference or made the reference maliciously.

895.489 History History: 2013 a. 76.

895.492 895.492 Civil liability exemption; certificate of qualification for employment.

895.492(1) (1) In this section:

895.492(1)(a) (a) “Employee” has the meaning given in s. 101.01 (3) and also includes a former employee.

895.492(1)(b) (b) “Employer” has the meaning given in s. 101.01 (4).

895.492(2) (2) An employer who hires an employee who has been issued a certificate of qualification for employment under s. 973.25 is immune from liability for the intentional acts or omissions of the employee, for the acts of the employee that are outside of the course of the employee’s employment, and in any proceeding on a claim against the employer for negligent hiring, retention, training, or supervision of the employee unless the employer, when he or she hired the employee, acted maliciously towards the plaintiff or with intentional disregard of the rights of the plaintiff.

895.492 History History: 2019 a. 123; 2021 a. 240 s. 30.

895.497 895.497 Civil liability exemption: furnishing safety services relating to child safety restraint systems.

895.497(1) (1) In this section:

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(1)(c)1. 1. Employs a child passenger safety technician.

895.497(1)(c)2. 2. Sponsors, offers, or organizes any safety program.

895.497(1)(c)3. 3. Owns property on which a safety program is conducted.

895.497(2) (2) 

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; 2007 a. 97.

895.501 895.501 Civil liability exemption; credit card reencoders and scanning devices.

895.501(1) (1) In this section:

895.501(1)(a) (a) “Automated teller machine” has the meaning given in s. 134.85 (1) (a).

895.501(1)(b) (b) “Credit card” has the meaning given in s. 943.202 (1) (b).

895.501(1)(c) (c) “Reencoder” has the meaning given in s. 943.202 (1) (c).

895.501(1)(d) (d) “Scanning device” has the meaning given in s. 943.202 (1) (d).

895.501(2) (2) Any person who sells or distributes motor vehicle fuel and who dispenses that fuel from a pump capable of reading a credit card and any person who owns or is responsible for an automated teller machine is immune from civil liability for the unauthorized access, storage, or use of credit card information by another person by means of a credit card reencoder or scanning device that has been installed on his or her machine.