895.472 History History: 2005 a. 212 s. 2; 2007 a. 97 s. 239.

subch. II of ch. 895 SUBCHAPTER II

EXEMPTIONS FROM, AND LIMITATIONS ON, LIABILITY

895.475 895.475 Exemption from civil liability for furnishing safety inspection or advisory services. The furnishing of, or failure to furnish, safety inspection or advisory services intended to reduce the likelihood of injury, death or loss shall not subject a state officer, employee or agent, or an insurer, the insurer’s agent or employee undertaking to perform such services as an incident to insurance, to liability for damages from injury, death or loss occurring as a result of any act or omission in the course of the safety inspection or advisory services. This section shall not apply if the active negligence of the state officer, employee or agent, or of the insurer, the insurer’s agent or employee created the condition that was the proximate cause of injury, death or loss. This section shall not apply to an insurer, the insurer’s agent or employee performing the safety inspection or advisory services when required to do so under the provisions of a written service contract.

895.475 History History: 1991 a. 39; 2005 a. 155 s. 42; Stats. 2005 s. 895.475.

895.475 Annotation A “written service contract” is a contract that obligates the insurer to provide loss control services to an insured. Samuels Recycling Co. v. CNA Insurance Cos., 223 Wis. 2d 233, 588 N.W.2d 385 (Ct. App. 1998), 97-3511.

895.475 Annotation This section does not provide immunity from liability for a post-loss claim investigation performed by or on behalf of an insurance company pursuant to an insurance contract. This exemption from civil liability applies when an insurer voluntarily inspects an insured’s property to ensure that it is safe and up-to-code, not when it arrives on the scene after the fact to adjust the insured’s post-loss insurance claim based on its contractual obligations to do so. The very use of the terms “safety inspection” and “advisory services,” as well as the exclusion for contractually obligated services, clearly indicates that this section is forward-looking, involving voluntary loss prevention services. Cincinnati Insurance Co. v. Ropicky, 2021 WI App 25, 397 Wis. 2d 196, 959 N.W.2d 356, 20-0791.

895.476 895.476 Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.

895.476(1) (1) In this section:

895.476(1)(a) (a) “COVID-19” means the infection caused by the novel coronavirus SARS-CoV-2 or by any viral strain originating from SARS-CoV-2, and conditions associated with the infection.

895.476(1)(b) (b) “Entity” means a partnership, corporation, association, governmental entity, tribal government, tribal entity, or other legal entity, including a school, institution of higher education, or nonprofit organization. “Entity” includes an employer or business owner, employee, agent, or independent contractor of the entity, regardless of whether the person is paid or an unpaid volunteer. “Entity” includes an employer covered under ch. 108.

895.476(2) (2) Beginning March 1, 2020, an entity is immune from civil liability for the death of or injury to any individual or damages caused by an act or omission resulting in or relating to exposure, directly or indirectly, to the novel coronavirus identified as SARS-CoV-2 or COVID-19 in the course of or through the performance or provision of the entity’s functions or services.

895.476(3) (3) Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct.

895.476(4) (4) Immunity under this section is in addition to, not in lieu of, other immunity granted by law, and nothing in this section limits immunity granted under any other provision of law, including immunity granted under s. 893.80 (4).

895.476 History History: 2021 a. 4.

895.478 895.478 Civil liability exemption; opioid antagonists.

895.478(1) (1) Definitions. In this section:

895.478(1)(a) (a) “Administer” has the meaning given in s. 118.29 (1) (a).

895.478(1)(b) (b) “Health care professional” has the meaning given in s. 118.29 (1) (c).

895.478(1)(c) (c) “High degree of negligence” has the meaning given in s. 118.29 (1) (d).

895.478(1)(d) (d) “Opioid antagonist” has the meaning given in s. 450.01 (13v).

895.478(1)(e) (e) “Opioid-related drug overdose” has the meaning given in s. 256.40 (1) (d).

895.478(1)(f) (f) “Residence hall director” means the individual employed by any of the following to reside at a residence hall for students and oversee the management and operation of the hall:

895.478(1)(f)1. 1. The University of Wisconsin System.

895.478(1)(f)2. 2. A technical college district.

895.478(1)(f)3. 3. The governing body of a private nonprofit institution of higher education located in this state.

895.478(2) (2) Residence hall directors.

895.478(2)(am) (am) Notwithstanding chs. 441, 447, 448, and 450, a residence hall director may administer an opioid antagonist to any student or other person who appears to be undergoing an opioid-related drug overdose if all of the following are satisfied:

895.478(2)(am)1. 1. The residence hall director has received training on the administration of opioid antagonists that is approved by his or her employer specified in sub. (1) (f) 1., 2., or 3.