895.526 AnnotationCodify This: Exculpatory Contracts in Wisconsin Recreational Businesses. Nold. 101 MLR 573 (2017).
895.526 AnnotationThe Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
895.5265895.5265 Civil liability exemption; placement of certain structures in waterways. 895.5265(1)(1) In this section, “department” means the department of natural resources. 895.5265(2)(2) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by placing a structure on the bed of a navigable water or in a wetland if the structure is placed for the purpose of fish and wildlife habitat creation, protection, or improvement or if the structure is a net pen that meets the requirements under s. 30.12 (3) (b) 1. a., b., and c., and if any of the following applies: 895.5265(2)(a)(a) The department authorized the person to place the structure under a permit or other approval issued under subch. II of ch. 30 or under s. 281.36 and the person placed the structure in accordance with the permit or other approval. 895.5265(2)(b)(b) The person is exempt from any permit requirement under subch. II of ch. 30 or under s. 281.36 and the structure is placed in a manner that meets the exemption requirements. 895.5265(2)(c)(c) The person is acting under the direction of a person described under par. (a) or (b). 895.5265(2m)(2m) A person is immune from civil liability for damage to personal property, injury to a person, or death caused by a structure described under sub. (2) if the structure was placed on the bed of a navigable water or in a wetland on or adjacent to the person’s property by a predecessor in title to the property. 895.5265(3)(3) No person authorized under sub. (2) (a), (b), or (c) to place a structure in a navigable water or wetland and no person described under sub. (2m) owe to any person a duty to do any of the following: 895.5265(3)(b)(b) Give warning of the existence of the structure unless specifically required by law. 895.5265(3)(c)(c) Give warning of an unsafe condition caused by the structure. 895.5265 HistoryHistory: 2015 a. 220. 895.527895.527 Sport shooting range activities; limitations on liability and restrictions on operation. 895.527(1)(1) In this section, “sport shooting range” means an area designed and operated for the use and discharge of firearms. 895.527(2)(2) A person who owns or operates a sport shooting range is immune from civil liability related to noise resulting from the operation of the sport shooting range. 895.527(3)(3) A person who owns or operates a sport shooting range is not subject to an action for nuisance or to state or local zoning conditions related to noise. If a sport shooting range, on the date it was established, was a lawful or legal nonconforming use under any state law or local ordinance related to its use that was in effect on that date, the sport shooting range continues to be subject to the state laws and local ordinances related to its use that were in effect on the date it was established. No court may enjoin or restrain the operation or use of a sport shooting range on the basis of noise or on the basis of noncompliance with a state law or local ordinance related to its operation or use that was enacted after the date that the sport shooting range was established if the sport shooting range, on the date it was established, was a lawful or legal nonconforming operation or use under any state law or local ordinance related to its operation or use that was in effect on that date. 895.527(4)(4) Any sport shooting range that exists on July 16, 2013, may continue to operate as a sport shooting range at that location notwithstanding any zoning ordinance enacted under s. 59.69, 59.692, 60.61, 60.62, 61.35 or 62.23 (7), if the sport shooting range is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 59.692, 60.61, 60.62, 61.35 or 62.23 (7) that is in effect on July 16, 2013. The operation of the sport shooting range continues to be a lawful use or legal nonconforming use notwithstanding any expansion of, or enhancement or improvement to, the sport shooting range. 895.527(5)(5) Any sport shooting range that exists on June 18, 1998, may continue to operate as a sport shooting range at that location notwithstanding all of the following: 895.527(6)(6) A city, village town or county may regulate the hours between 11:00 p.m. and 6:00 a.m. that an outdoor sport shooting range may operate, except that such a regulation may not apply to a law enforcement officer as defined in s. 165.85 (2) (c), a member of the U.S. armed forces or a private security person as defined in s. 440.26 (1m) who meets all of the requirements under s. 167.31 (4) (a) 4. 895.527(7)(7) A person who is shooting in the customary or a generally acceptable manner at a sport shooting range between the hours of 6:00 a.m. and 11:00 p.m. is presumed to not be engaging in disorderly conduct merely because of the noise caused by the shooting. 895.527(8)(8) An owner or operator of a sport shooting range, or an employee, agent, contractor, customer, or insurer of the owner or operator of a sport shooting range, and any user of a sport shooting range is immune from civil liability in any action commenced by the state or its political subdivisions, or by a special purpose district, related to the use, release, placement, deposition, or accumulation of any projectiles on or under the sport shooting range or other contiguous real property over which the owner or operator of a sport shooting range has an easement, leasehold, or other legal right to use. 895.527(9)(9) An owner, operator, officer, or board member of a sport shooting range, and any employee or volunteer acting on behalf of the owner or operator who provided recommendations regarding the operation of a sport shooting range, are immune from any civil action based solely on the negligent action of a user of the sport shooting range. 895.527(10)(10) This section does not impair or diminish the private property rights of owners of property adjoining a sport shooting range. 895.527 AnnotationThis section does not prohibit the application of a zoning ordinance to a sport shooting range unless the range was a lawful use under the ordinance as of June 18, 1998. Town of Avon v. Oliver, 2002 WI App 97, 253 Wis. 2d 647, 644 N.W.2d 260, 01-1851. 895.527 AnnotationThe Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
895.528895.528 Civil liability exemption; placement of markers in waterways. 895.528(1)(1) Except as provided in sub. (2), a person is immune from civil liability for damage or injury caused by placing, or failing to place, buoys or other markers in a waterway if all of the following apply: 895.528(1)(a)(a) The person holds, or acts under the direction of a person who holds, a permit or other approval from the department of natural resources that authorizes the placement of the buoys or markers in the waterway. 895.528(1)(b)(b) The permit or other approval described under par. (a) authorizes placement of buoys or markers for the purpose of identifying or marking hazards in the waterway. 895.528(2)(2) A person is not immune from civil liability under sub. (1) for damage or injury caused by placing, or failing to place, buoys or other markers in a waterway if the person intentionally causes the damage or injury. 895.528 HistoryHistory: 2015 a. 91. 895.529895.529 Civil liability limitation; duty of care owed to trespassers. 895.529(1)(a)(a) “Possessor of real property” means an owner, lessee, tenant, or other lawful occupant of real property. 895.529(1)(b)(b) “Trespasser” means a natural person who enters or remains upon property in possession of another without express or implied consent. 895.529(2)(2) Except as provided in sub. (3), a possessor of real property owes no duty of care to a trespasser. 895.529(3)(3) A possessor of real property may be liable for injury or death to a trespasser under the following circumstances: 895.529(3)(a)(a) The possessor of real property willfully, wantonly, or recklessly caused the injury or death. This paragraph does not apply if the possessor used reasonable and necessary force for the purpose of self-defense or the defense of others under s. 939.48 or used reasonable and necessary force for the protection of property under s. 939.49. 895.529(3)(b)(b) The person injured or killed was a child and all of the following apply: 895.529(3)(b)1.1. The possessor of real property maintained, or allowed to exist, an artificial condition on the property that was inherently dangerous to children. 895.529(3)(b)2.2. The possessor of real property knew or should have known that children trespassed on the property. 895.529(3)(b)3.3. The possessor of real property knew or should have known that the artificial condition he or she maintained or allowed to exist was inherently dangerous to children and involved an unreasonable risk of serious bodily harm or death to children. 895.529(3)(b)4.4. The injured or killed child, because of his or her youth or tender age, did not discover the condition or realize the risk involved in entering onto the property, or in playing in close proximity to the inherently dangerous artificial condition. 895.529(3)(b)5.5. The possessor of real property could have reasonably provided safeguards that would have obviated the inherent danger without interfering with the purpose for which the artificial condition was maintained or allowed to exist. 895.529(4)(4) This section does not create or increase any liability on the part of a possessor of real property for circumstances not specified under this section and does not affect any immunity from or defenses to liability available to a possessor of real property under common law or another statute. 895.529 HistoryHistory: 2011 a. 93. 895.529 AnnotationReading the phrase “other lawful occupant of real property” under sub. (1) (a) in context demonstrates that such a person must have some degree of possession or control over the property and the ability to give and withdraw consent to enter or remain on the property. Stroede v. Society Insurance, 2021 WI 43, 397 Wis. 2d 17, 959 N.W.2d 305, 18-1880. 895.53895.53 Civil and criminal liability exemption; tests for intoxication. 895.53(1)(a)(a) “Conservation warden” means a person appointed as a conservation warden by the department of natural resources under s. 23.10 (1). 895.53(2)(2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act. 895.53(3)(3) Any employer of the person under sub. (2) or any hospital where blood is withdrawn by that person has the same immunity from liability under sub. (2). 895.53 HistoryHistory: 1983 a. 535; 1983 a. 538 s. 256; Stats. 1983 s. 895.53; 1985 a. 331; 1995 a. 448; 2005 a. 155. 895.532895.532 Civil and criminal liability exemption; xylazine testing products. 895.532(1)(1) In this section, “xylazine testing product” means any materials used or intended for use in testing for the presence of xylazine or a xylazine analog in a substance. 895.532(2)(2) Any person who distributes a xylazine testing product is immune from civil or criminal liability for the death of or injury to an individual caused by the administration of the xylazine testing product. 895.532(3)(3) Any person who administers a xylazine testing product according to manufacturer instructions provided with the xylazine testing product is immune from civil or criminal liability for the act, except for civil liability for negligence in the performance of the act. 895.532 HistoryHistory: 2023 a. 217. 895.535895.535 Civil and criminal liability exemption; body cavity search. 895.535(1)(1) Any physician, physician assistant, or registered nurse licensed to practice in this state conducting a body cavity search pursuant to s. 968.255 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act. 895.535(2)(2) Any employer of the person under sub. (1) or any health care facility where the search is conducted by that person has the same immunity from liability under sub. (1). 895.535 HistoryHistory: 2015 a. 238. 895.537895.537 Liability exemption; sexual assault evidence collection. 895.537(2)(2) Any health care professional conducting a sexual assault forensic examination pursuant to informed consent or a court order is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act. 895.537(3)(3) Any employer of the person under sub. (2) or any health care facility where the sexual assault forensic examination is conducted by that person has the same immunity from liability under sub. (2). 895.537 HistoryHistory: 2021 a. 116. 895.54895.54 Liability exemption; notification of release. A person is immune from any liability regarding any act or omission regarding the notification of any applicable office or person under s. 51.37 (10), 304.06 (1), 971.17 (4m) or (6m) or 980.11. This section does not apply to willful or wanton acts or omissions. 895.54 HistoryHistory: 1991 a. 269; 1993 a. 479. 895.55895.55 Liability exemption; oil discharge control. 895.55(1)(a)(a) “Damages” means those damages specified in 33 USC 2702 (b) (2) and includes the cost of assessing those damages. 895.55(1)(b)(b) “Discharge” means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping. 895.55(1)(c)(c) “Federal on-scene coordinator” means the federal official designated by the federal environmental protection agency or the U.S. coast guard to coordinate and direct responses under the national contingency plan. 895.55(1)(e)(e) “Oil” means petroleum, hydrocarbon, vegetable or mineral oil of any kind or in any form and includes oil mixed with wastes other than dredged spoil. 895.55(1)(f)(f) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency. 895.55(1)(g)(g) “Removal” means the containment and elimination of oil from water, shorelines and beaches or the taking of other actions, including disposal, as may be necessary to minimize or mitigate damages to public health and welfare, including to fish, shellfish, wildlife and public or private property, shorelines and beaches. 895.55(1)(h)(h) “Removal costs” means the costs of removal that are incurred after an oil discharge occurs or, if there is a substantial threat of an oil discharge, the costs to prevent, minimize or mitigate an oil discharge.
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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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