Chapter 895

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) (1) In this section:

895.57(1)(ag) (ag) “Animal” means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.

895.57(1)(am) (am) “Humane officer” means an officer appointed under s. 173.03.

895.57(1)(b) (b) “Local health officer” has the meaning given in s. 250.01 (5).

895.57(1)(c) (c) “Peace officer” has the meaning given in s. 939.22 (22).

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) (4) 

895.57(4)(a) (a) In this subsection, “security device” includes any of the following:

895.57(4)(a)1. 1. Any fence enumerated under s. 90.02.

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)(a)3. 3. A dog.

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).

895.57 History History: 1991 a. 20, 269; 1993 a. 27; 1995 a. 79; 1997 a. 27, 192, 248; 1999 a. 45; 2001 a. 56.

895.58 895.58 Liability exemption; use of special waste under public works contracts.

895.58(1) (1) In this section:

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)(cr) (cr) “Solid waste” has the meaning given in s. 289.01 (33).

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.

895.58(5)(b) (b) The person’s act or omission resulted in injury or death to an individual.

895.58 History History: 1999 a. 9, 185; 2003 a. 88; 2005 a. 253.

895.61 895.61 Asbestos successor corporation; limitation on liability.

895.61(1) (1) Definitions. In this section:

895.61(1)(a) (a) “Asbestos claim” means a claim for damages, losses, indemnification, contribution, or other relief arising out of or related in any way to asbestos, including all of the following:

895.61(1)(a)1. 1. A claim related to the health effects of exposure to asbestos, including a claim related to any of the following:

895.61(1)(a)1.a. a. Personal injury or death.

895.61(1)(a)1.b. b. Mental or emotional injury.

895.61(1)(a)1.c. c. Increased risk of disease or other injury.

895.61(1)(a)1.d. d. Costs of medical monitoring or surveillance.

895.61(1)(a)2. 2. A claim made by or on behalf of any person exposed to asbestos, or by a spouse, parent, child, or other relative of the person.

895.61(1)(a)3. 3. A claim related to the installation, presence, or removal of asbestos.

895.61(1)(b) (b) “Corporation” means a domestic corporation for profit organized under the laws of this state or a foreign corporation for profit organized under laws other than the laws of this state.

895.61(1)(c) (c)

895.61(1)(c)1. 1. “Successor asbestos-related liability” means any liability that is related to an asbestos claim and that was assumed or incurred by a corporation as a result of or in connection with any of the following:

895.61(1)(c)1.a. a. A merger or consolidation with a transferor.

895.61(1)(c)1.b. b. The plan of merger or consolidation with a transferor related to the merger or consolidation with or into another corporation.

895.61(1)(c)1.c. c. An asbestos claim based on the exercise of control or ownership of stock or a corporation before the merger or consolidation with a transferor.

895.61(1)(c)2. 2. “Successor asbestos-related liability” includes liability that, after the time of the merger or consolidation with a transferor for which the fair market value of the total gross assets of the successor corporation was determined under sub. (4), was paid, discharged, or committed to be paid or discharged by or on behalf of the corporation, successor corporation, or transferor in connection with a settlement, judgment, or discharge in this state or in another jurisdiction.

895.61(1)(d) (d) “Successor corporation” means a corporation that has assumed or incurred successor asbestos-related liabilities before January 1, 1972, or that is any of that successor corporation’s successors.

895.61(1)(e) (e) “Total gross assets” includes intangible assets.

895.61(1)(f) (f) “Transferor” means a corporation from which a successor asbestos-related liability is or was assumed or incurred.

895.61(2) (2) Applicability.

895.61(2)(a) (a) The limitations in sub. (3) apply to any successor corporation, except as provided in par. (b).

895.61(2)(b) (b) The limitations in sub. (3) do not apply to any of the following:

895.61(2)(b)1. 1. Worker’s compensation benefits paid under ch. 102 or a comparable worker’s compensation law of another jurisdiction.

895.61(2)(b)2. 2. Any claim against a successor corporation that does not constitute a successor asbestos-related liability.

895.61(2)(b)3. 3. Any obligation under 29 USC 151, et seq., or under any collective bargaining agreement.

895.61(2)(b)4. 4. A successor corporation that, after a merger or consolidation with a transferor, continued in the business of mining asbestos, selling or distributing asbestos fibers, or manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products that were previously manufactured, distributed, removed, or installed by the transferor.

895.61(3) (3) Measure of liability.

895.61(3)(a) (a) Except as provided in par. (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation with the successor corporation. Subject to par. (b), the successor corporation does not have responsibility for any successor asbestos-related liabilities in excess of this limitation.

895.61(3)(b) (b) If the transferor to the successor corporation had assumed or incurred successor asbestos-related liability in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation is substituted for the limitation under par. (a) for purposes of determining the limitation on liability of the successor corporation.

895.61(4) (4) Establishing the fair market value of total gross assets.

895.61(4)(a) (a) A successor corporation may establish the fair market value of total gross assets for purposes of the limitations under sub. (3) by any reasonable method, including any of the following:

895.61(4)(a)1. 1. By reference to the going concern value of the assets.

895.61(4)(a)2. 2. By reference to the purchase price attributable to or paid for the assets in an arms-length transaction.

895.61(4)(a)3. 3. In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

895.61(4)(b) (b) To the extent that total gross assets include liability insurance that was issued to the transferor whose assets are being valued under this subsection, the applicability, terms, conditions, and limits of the insurance are not affected by this section. This section does not affect the rights and obligations of an insurer, transferor, or successor corporation under any insurance contract or related agreement, including all of the following:

895.61(4)(b)1. 1. A preenactment settlement resolving a coverage-related dispute.

895.61(4)(b)2. 2. The right of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions.

895.61(4)(b)3. 3. The right of an insurer to seek contribution from a successor corporation for an uninsured or self-insured period or for a period when insurance is uncollectible or unavailable.

895.61(4)(c) (c) Subject to par. (b), to the extent that total gross assets include any liability insurance, a settlement of a dispute concerning the liability insurance coverage entered into by the transferor or successor corporation with the insurer of the transferor before August 1, 2009, shall be determinative of the total coverage of the liability insurance for inclusion in the calculation of the transferor’s total gross assets.

895.61(5) (5) Adjustment of fair market value.

895.61(5)(a) (a) Except as provided in pars. (b) to (d), the fair market value of the total gross assets at the time of the merger or consolidation with the transferor shall increase annually at a rate equal to the sum of the following:

895.61(5)(a)1. 1. The weekly prime rate for the first week of each calendar year since the merger or consolidation, as reported by the federal reserve board in federal reserve statistical release H. 15.

895.61(5)(a)2. 2. One percent.