895.481 AnnotationWhile it is true that a person who already owns or controls an equine can participate in an equine activity without being provided with an equine, in order for a person who does not own or control an equine to participate in an equine activity, someone must provide an equine within the meaning of sub. (3) (b). It is immaterial whether the person who allegedly provides the equine retains sole or primary control of the equine. Hellen v. Hellen, 2013 WI App 69, 348 Wis. 2d 223, 831 N.W.2d 430, 12-1916. 895.481 AnnotationThe exception under sub. (3) (b) centers on the assessment by a provider of a horse of a rider’s abilities based on the rider’s representations of his or her ability. The exception does not abrogate immunity for a provider’s negligent management of a horse, and the exception does not require an actual demonstration of riding ability or a test ride. Dilley v. Holiday Acres Properties, Inc., 905 F.3d 508 (2018). 895.481 AnnotationUnder Barritt, 2003 WI App 185, “providing an equine,” for purposes of the exception under sub. (3) (b), means that the defendant owns or controls the equine in question and makes it available for the plaintiff’s use. A riding instructor does not “provide” a horse owned by the riding student merely by exercising control over the riding lesson. Dilley v. Holiday Acres Properties, Inc., 905 F.3d 508 (2018). 895.481 AnnotationThe Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
895.482895.482 Civil liability exemption; ski patrol members. 895.482(1)(a)(a) “Compensation” means wages, salary, commission or bonuses paid for services rendered, but does not include the provision, at a discounted price or without charge, of food, beverages, clothing, passes or other incidental benefits to ski patrol members. 895.482(1)(b)(b) “Ski patrol member” means a registered member of the national ski patrol who serves in that capacity without compensation. 895.482(2)(2) Except as provided in sub. (3), a ski patrol member is immune from civil liability for his or her acts or omissions while he or she is acting in his or her capacity as a ski patrol member, including the rendering of emergency care. 895.482(3)(3) The immunity under this section does not apply if the act or omission of the ski patrol member involves reckless, wanton or intentional misconduct. 895.482 HistoryHistory: 1991 a. 318. 895.483895.483 Civil liability exemption; regional and local emergency response teams and their sponsoring agencies. 895.483(1)(1) A regional emergency response team, a member of such a team, and a local agency, as defined in s. 323.70 (1) (b), that contracts with the division of emergency management in the department of military affairs for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 323.70 (2). 895.483(2)(2) A local emergency response team, a member of such a team and the county, city, village, or town that contracts to provide the emergency response team to the county are immune from civil liability for acts or omissions related to carrying out responsibilities pursuant to a designation under s. 323.61 (2m) (e). 895.483(3)(3) A local emergency planning committee created under s. 59.54 (8) (a) 1. that receives a grant under s. 323.61 is immune from civil liability for acts or omissions related to carrying out responsibilities under s. 323.61. 895.483(4)(4) An urban search and rescue task force, a member of such a task force, and a local agency, as defined in s. 323.70 (1) (b), that contracts with the division of emergency management in the department of military affairs for the provision of emergency services, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 323.72 (1). 895.483 AnnotationA town that responds to a Level B hazardous waste release in its own capacity in the absence of a county wide agreement does not receive immunity from civil liability under former sub. (2), 1997 stats., but other statutory and common law immunities apply. OAG 1-99. 895.484895.484 Civil liability exemption; entering a vehicle to render assistance. 895.484(1)(a)(a) “Domestic animal” means a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include a farm animal, as defined in s. 951.01 (3). 895.484(1)(b)(b) “Vehicle” means a motor vehicle, or any other vehicle, that is used to transport persons or cargo and that is enclosed. 895.484(2)(2) A person is immune from civil liability for property damage or injury that results from his or her forcible entry into a vehicle if all of the following are true: 895.484(2)(a)(a) A person or a domestic animal was present in the vehicle and the actor had a good faith belief that the person or domestic animal was in imminent danger of suffering bodily harm unless he or she exited or was removed from the vehicle. 895.484(2)(b)(b) The actor determined that the vehicle was locked and that forcible entry was necessary to enable the actor to enter the vehicle or to enable the person or domestic animal to be removed from or to exit the vehicle. 895.484(2)(c)(c) The actor dialed the telephone number “911” or otherwise contacted law enforcement, emergency medical services, or animal control before he or she forcibly entered the vehicle. 895.484(2)(d)(d) The actor remained with the person or domestic animal until a law enforcement officer, emergency medical service provider, animal control officer, or other emergency medical responder, as defined in s. 256.01 (4p), arrived at the scene. 895.484(2)(e)(e) The actor used no more force than he or she reasonably believed necessary to enter the vehicle in order to remove the person or domestic animal or to allow the person or domestic animal to exit the vehicle. 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 HistoryHistory: 2015 a. 103; 2017 a. 12. 895.485895.485 Civil liability exemption; out-of-home care providers and child-placing agencies. 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 Cross-referenceCross-reference: See also ch. DCF 37, Wis. adm. code. 895.486895.486 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(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)(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 HistoryHistory: 1995 a. 177. 895.487895.487 Civil liability exemption; employment references. 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 HistoryHistory: 1995 a. 441; 1997 a. 35. 895.487 AnnotationThe 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 AnnotationEmployer Liability for Employment References. Mac Kelly. Wis. Law. Apr. 2008.
895.488895.488 Civil liability exemption; owner or person in lawful possession of the premises. 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 HistoryHistory: 2009 a. 68. 895.489895.489 Civil liability exemption; tenancy references. 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 HistoryHistory: 2013 a. 76. 895.492895.492 Civil liability exemption; certificate of qualification for employment.
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Chs. 885-895, Provisions Common to Actions and Provisions Common to Actions and Proceedings in All Courts
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