Chapter 895

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.

895.501 History History: 2017 a. 54.

895.506 895.506 Civil liability exemption; weight gain and obesity claims.

895.506(1) (1) Any person who manufactures, markets, packs, distributes, advertises, or sells food, as defined in 21 USC 321 (f), is immune from civil liability for a person’s weight gain or obesity caused by the consumption of the food, or for a health condition related to weight gain or obesity.

895.506(2) (2) Subsection (1) does not apply to any of the following:

895.506(2)(a) (a) A claim that a defendant under sub. (1) knowingly violated a federal or state law concerning the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food, and the violation was the proximate cause of the weight gain, obesity, or related health condition.

895.506(2)(b) (b) A claim for breach of contract or express warranty in connection with the purchase of the food.

895.506(2)(c) (c) A claim regarding the sale of food that is adulterated under 21 USC 342.

895.506(3) (3) In addition to the costs allowed under s. 814.04, a defendant that prevails on a motion under s. 802.08 filed in an action under sub. (2) may recover reasonable attorney fees and the costs of the investigation and litigation.

895.506 History History: 2005 a. 325; 2007 a. 97.

895.508 895.508 Liability exemption; provision of previously owned eyeglasses.

895.508(1) (1) In this section, “charitable organization” means an organization described in section 501 (c) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

895.508(2) (2) A charitable organization is not liable for any damages arising out of providing previously owned eyeglasses to an individual if all of the following are true:

895.508(2)(a) (a) The recipient of the eyeglasses is at least 14 years of age.

895.508(2)(b) (b) The eyeglasses are provided without charge.

895.508(2)(c) (c) For distribution of eyeglasses, the eyeglasses are provided by a licensed optometrist or ophthalmologist who has done any of the following:

895.508(2)(c)1. 1. Personally examined the individual who will receive the eyeglasses and issued a prescription for the eyeglasses.

895.508(2)(c)2. 2. Personally consulted with the licensed optometrist or ophthalmologist who issued the prescription for the eyeglasses.

895.508 History History: 2021 a. 257.

895.51 895.51 Civil liability exemption: food or emergency household products; emergency medical supplies; donation, sale, or distribution.

895.51(1) (1) In this section:

895.51(1)(b) (b) “Charitable organization” means an organization the contributions to which are deductible by corporations in computing net income under s. 71.26 (2).

895.51(1)(bd) (bd) “Cost of production” means the cost of inputs, wages, operating the manufacturing facility, and transporting the product.

895.51(1)(bg) (bg) “Emergency medical supplies” means any medical equipment or supplies necessary to limit the spread of, or provide treatment for, a disease associated with the public health emergency related to the 2019 novel coronavirus pandemic, including life support devices, personal protective equipment, cleaning supplies, and any other items determined to be necessary by the secretary of health services.

895.51(1)(c) (c) “Food distribution service” means a program of a private nonprofit organization that provides food products directly to individuals with low incomes or that collects food products for and distributes food products to persons who provide the food products directly to individuals with low incomes.

895.51(1)(d) (d) “Food products” has the meaning specified in s. 93.01 (6).

895.51(1)(dm) (dm) “Governmental unit” means the United States; the state; any county, city, village, or town; any political subdivision, department, division, board, or agency of the United States, the state, or any county, city, village, or town; or any federally recognized American Indian tribe or band in this state or an agency of the tribe or band.

895.51(1)(dp) (dp) “Public health emergency related to the 2019 novel coronavirus pandemic” means the period covered by the public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services on January 31, 2020, in response to the 2019 novel coronavirus or the national emergency declared by the U.S. president under 50 USC 1621 on March 13, 2020, in response to the 2019 novel coronavirus.

895.51(1)(dr) (dr) “Qualified emergency household products” includes flashlights, generators, blankets, personal care products, household cleaning products, and emergency supplies that meet the standards for safety and quality established by federal or state law, regulation, or rule, that are not defective, and that have not been recalled by the consumer products safety commission.

895.51(1)(e) (e) “Qualified food” means food products that meet the standards of quality established by state law or rule or federal law or regulations, including food products that are not readily marketable due to appearance, age, freshness, grade, size, surplusage or other condition, except that “qualified food” does not include canned food products that are leaking, swollen, dented on a seam or not airtight.

895.51(2) (2) Any person engaged in the processing, distribution, or sale of food products, for profit or not for profit, who donates or sells, at a price not to exceed overhead and transportation costs, qualified food to a charitable organization, food distribution service, or governmental unit is immune from civil liability for the death of or injury to an individual caused by the qualified food donated or sold by the person.

895.51(2m) (2m) Any person engaged in the manufacturing, distribution, or sale of qualified emergency household products, for profit or not for profit, who donates or sells, at a price not to exceed overhead and transportation costs, qualified emergency household products to a charitable organization or governmental unit in response to a state of emergency declared under s. 323.10 or 323.11 is immune from civil liability for the death of or injury to an individual caused by the qualified emergency household product donated or sold by the person.

895.51(2r) (2r) Any person engaged in the manufacturing, distribution, or sale of emergency medical supplies, who donates or sells, at a price not to exceed the cost of production, emergency medical supplies to a charitable organization or governmental unit to respond to the public health emergency related to the 2019 novel coronavirus pandemic is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies donated or sold by the person.

895.51(3) (3) Any charitable organization or food distribution service which distributes free of charge qualified food to any person is immune from civil liability for the death of or injury to an individual caused by the qualified food distributed by the charitable organization or food distribution service.

895.51(3m) (3m) Any charitable organization that distributes free of charge qualified emergency household products received under sub. (2m) is immune from civil liability for the death of or injury to an individual caused by the qualified emergency household product distributed by the charitable organization.

895.51(3r) (3r) Any charitable organization that distributes free of charge emergency medical supplies received under sub. (2r) is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies distributed by the charitable organization.

895.51(4) (4) This section does not apply if the death or injury was caused by willful or wanton acts or omissions.

895.51 History History: 1981 c. 219; 1983 a. 189 s. 329 (20); 1987 a. 27; 1987 a. 312 s. 17; 1989 a. 108; 1991 a. 39; 2005 a. 155; 2007 a. 79; 2009 a. 42, 180; 2019 a. 185.

895.512 895.512 Civil liability exemption; access to toilet facility. If an employee of a retail establishment permits a person to use the establishment’s toilet facility, under the requirements of s. 146.29, the employee and the establishment are immune from civil liability for the death of or injury to the person, or an individual other than an employee who accompanies the person, that is caused by or during the use of the facility, unless the death or injury was caused by a willful or wanton act or omission of the employee.

895.512 History History: 2009 a. 198.

895.514 895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.

895.514(1) (1) In this section:

895.514(1)(a) (a) “Authority” means the Health Insurance Risk-Sharing Plan Authority established under subch. III of ch. 149, 2011 stats.

895.514(1)(b) (b) “Board” means the board of directors of the authority.

895.514(1)(c) (c) “Commissioner” means the commissioner of insurance of this state.

895.514(1)(d) (d) “Plan” means the health care insurance plan established under subch. II of ch. 149, 2011 stats.

895.514(2) (2) No cause of action of any nature may arise against, and no liability may be imposed upon, the authority, plan, or board; or any agent, employee, or director of any of them; or insurers participating in the plan; or the commissioner; or any agent, employee, or representative of the commissioner, for any act or omission by any of them in the performance of their powers and duties under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), unless the person asserting liability proves that the act or omission constitutes willful misconduct.

895.514(3) (3) 

895.514(3)(a) (a) Except as provided in 2013 Wisconsin Act 20, section 9122 (1L), and 2013 Wisconsin Act 116, section 32 (1) (b), neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.

895.514(3)(b) (b) All of the expenses incurred by the authority, or the commissioner, or any agent, employee, or representative of the commissioner, in exercising its duties and powers under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), shall be payable only from funds of the authority.

895.514 History History: 2013 a. 20, 116; 2015 a. 55, 85.

895.515 895.515 Civil liability exemption; equipment or technology donation.

895.515(1) (1) In this section:

895.515(1)(a) (a) “Commercial equipment or technology” means goods or related procedures used or bought for use primarily in a business, including farming and a profession.

895.515(1)(b) (b) “Institution of higher education” means an institution within the University of Wisconsin System, a technical college or a private, nonprofit institution of higher education located in this state.

895.515(2) (2) Any person engaged in the sale or use of commercial equipment or technology, for profit or not for profit, who donates any commercial equipment or technology to a public or private elementary or secondary school, a tribal school, as defined in s. 115.001 (15m), or an institution of higher education or who accepts reimbursement in an amount not to exceed overhead and transportation costs for any commercial equipment or technology provided to a public or private elementary or secondary school, to a tribal school, or to an institution of higher education is immune from civil liability for the death of or injury to an individual caused by the commercial equipment or technology.

895.515(3) (3) This section does not apply if the death or injury was caused by a willful or wanton act or omission of the person who donated or accepted reimbursement for the commercial equipment or technology.

895.515(4m) (4m) This section does not apply to the manufacturer of the donated commercial equipment or technology.

895.515 History History: 1995 a. 112; 1997 a. 237; 2005 a. 155; 2009 a. 302.

895.517 895.517 Civil liability exemption: solid waste donation or sale.

895.517(1) (1) In this section:

895.517(1)(a) (a) “Charitable organization” has the meaning given in s. 895.51 (1) (b).

895.517(1)(b) (b) “Municipality” has the meaning given in s. 289.01 (23).

895.517(1)(c) (c) “Qualified food” has the meaning given in s. 895.51 (1) (e).

895.517(1)(d) (d) “Responsible unit” has the meaning given in s. 287.01 (9).

895.517(1)(e) (e) “Solid waste” has the meaning given in s. 289.01 (33).

895.517(2) (2) Any person who donates or sells, at a price not exceeding overhead and transportation costs, solid waste, or a material that is separated from mixed soil waste, to a materials reuse program that is operated by a charitable organization, municipality or responsible unit is immune from civil liability for the death of or injury to an individual or the damage to property caused by the solid waste or material donated or sold by the person.

895.517(3) (3) This section does not apply if the death or injury was caused by willful or wanton acts or omissions.

895.517(4) (4) This section does not apply to the sale or donation of qualified food.

895.517 History History: 1997 a. 60; 2005 a. 155.

895.519 895.519 Civil liability exemption; private campgrounds.

895.519(1) (1) In this section:

895.519(1)(am) (am) “Inherent risk of camping” means a danger or condition that is an integral part of camping, including dangers posed by any of the following:

895.519(1)(am)1. 1. Features of the natural world, such as trees, tree stumps, roots, brush, rocks, mud, sand, and soil.

895.519(1)(am)2. 2. Uneven or unpredictable terrain.

895.519(1)(am)3. 3. Natural bodies of water.

895.519(1)(am)4. 4. Another camper or visitor at the private campground acting in a negligent manner, where the campground owner or employees are not involved.

895.519(1)(am)5. 5. A lack of lighting, including lighting at campsites.

895.519(1)(am)6. 6. Campfires in a fire pit or enclosure provided by the campground.

895.519(1)(am)7. 7. Weather.

895.519(1)(am)8. 8. Insects, birds, and other wildlife.

895.519(1)(bm) (bm) “Private campground” means a facility that is issued a campground license under s. 97.67 and that is owned and operated by a private property owner, as defined in s. 895.52 (1) (e).

895.519(2) (2) Except as provided in sub. (3), a private campground, an owner or operator of a private campground, and any employees and officers of a private campground or private campground owner or operator are immune from civil liability for acts or omissions related to camping at a private campground if a person is injured or killed, or property is damaged, as a result of an inherent risk of camping.

895.519(3) (3) The immunity of sub. (2) does not apply if the person seeking immunity does any of the following:

895.519(3)(a) (a) Intentionally causes the injury, death, or property damage.

895.519(3)(b) (b) Acts with a willful or wanton disregard for the safety of the party or the property damaged. In this paragraph, “willful or wanton disregard” means conduct committed with an intentional or reckless disregard for the safety of others.

895.519(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 or possession of.

895.519(4) (4) This section does not limit the immunity created under s. 895.52.

895.519(5) (5) Nothing in this section affects the assumption of risk under s. 895.525 by a person participating in a recreational activity including camping.