reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.052 - Defamation by radio and television.

895.052
Defamation by radio and television.
The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable in damages for any defamatory statement published or uttered in, or as a part of, a visual or sound broadcast by a candidate for political office in those instances in which, under the acts of congress or the rules and regulations of the federal communications commission, the broadcasting station or network is prohibited from censoring the script of the broadcast.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.055 - Gaming contracts void.

895.055
Gaming contracts void.
(1)
All promises, agreements, notes, bills, bonds, or other contracts, mortgages, conveyances or other securities, where the whole or any part of the consideration of the promise, agreement, note, bill, bond, mortgage, conveyance or other security shall be for money or other valuable thing whatsoever won or lost, laid or staked, or betted at or upon any game of any kind or under any name whatsoever, or by any means, or upon any race, fight, sport or pastime, or any wager, or for the repayment of money or other thing of value, lent or advanced at the time and for the purpose, of any game, play, bet or wager, or of being laid, staked, betted or wagered thereon shall be void.
(2)
This section does not apply to contracts of insurance made in good faith for the security or indemnity of the party insured.
(3)
This section does not apply to any promise, agreement, note, bill, bond, mortgage, conveyance or other security that is permitted under chs. 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.
History:  1993 a. 174; 1995 a. 225; 1997 a. 27.
A Puerto Rican judgment based on a gambling debt was entitled to full faith and credit in Wisconsin. Conquistador Hotel Corp. v. Fortino, 99 Wis. 2d 16, 298 N.W.2d 236 (Ct. App. 1980).
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.056 - Recovery of money wagered.

895.056
Recovery of money wagered.
(1)
In this section:
(a)
“Property" means any money, property or thing in action.
(b)
“Wagerer" means any person who, by playing at any game or by betting or wagering on any game, election, horse or other race, ball playing, cock fighting, fight, sport or pastime or on the issue or event thereof, or on any future contingent or unknown occurrence or result in respect to anything whatever, shall have put up, staked or deposited any property with any stakeholder or 3rd person, or shall have lost and delivered any property to any winner thereof.
(2)
(a)
A wagerer may, within 3 months after putting up, staking or depositing property with a stakeholder or 3rd person, sue for and recover the property from the stakeholder or 3rd person whether the property has been lost or won or whether it has been delivered over by the stakeholder or 3rd person to the winner.
(b)
A wagerer may, within 6 months after any delivery by the wagerer or the stakeholder of the property put up, staked or deposited, sue for and recover the property from the winner thereof if the property has been delivered over to the winner.
(3)
If the wagerer does not sue for and recover the property, which was put up, staked or deposited, within the time specified under sub. (1), any other person may, in the person's behalf and the person's name, sue for and recover the property for the use and benefit of the wagerer's family or heirs, in case of the wagerer's death. The suit may be brought against and property recovered from any of the following:
(a)
The stakeholder or a 3rd person if the property is still held by the stakeholder or 3rd person, within 6 months after the putting up, staking or depositing of the property.
(b)
The winner of the property, within one year from the delivery of the property to the winner.
(4)
This section does not apply to any property that is permitted to be played, bet or wagered under chs. 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.
History:  1993 a. 174, 486; 1995 a. 225; 1997 a. 27, 35.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.057 - Action against judicial officer for loss caused by misconduct.

895.057
Action against judicial officer for loss caused by misconduct.
Any judicial officer who causes to be brought in a court over which the judicial officer presides any action or proceeding upon a claim placed in the judicial officer's hands as agent or attorney for collection shall be liable in a civil action to the person against whom such action or proceeding was brought for the full amount of damages and costs recovered on such claim.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.06 - Recovery of divisible personalty.

895.06
Recovery of divisible personalty.
When personal property is divisible and owned by tenants in common and one tenant in common shall claim and hold possession of more than the tenant's share or proportion thereof his or her cotenant, after making a demand in writing, may sue for and recover the cotenant's share or the value thereof. The court may direct the jury, if necessary, in any such action to find what specific articles or what share or interest belongs to the respective parties, and the court shall enter up judgment in form for one or both of the parties against the other, according to the verdict.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.09 - Scrap metal or plastic bulk merchandise container theft; civil liability.

895.09
Scrap metal or plastic bulk merchandise container theft; civil liability.
(1)
Any owner of nonferrous scrap, a metal article, or a proprietary article, as those terms are defined in s. 134.405 (1), who incurs injury or loss as a result of a violation of s. 134.405 or s. 943.20 may bring a civil action against the person who committed the violation.
(2)
If the person who incurs the loss prevails against a person who committed the violation, the court shall grant the prevailing party all of the following:
(a)
Actual damages.
(b)
Any lost profits that are attributable to the violation and that were not taken into account in determining the amount of actual damages under par. (a).
(c)
Notwithstanding the limitations under s. 799.25 or 814.04, costs, disbursements, and reasonable attorney fees.
(3)
If the court finds that the violation was committed for the purpose of commercial advantage, the court may award punitive damages to the person who incurs the loss.
(4)
Any awards provided under sub. (2) (a) or (b) shall be reduced by the amount of any restitution collected for the same act under s. 800.093 or 973.20.
(5)
The person who incurs the loss has the burden of proving by the preponderance of the evidence that a violation of s. 134.405 or 943.20 occurred.
History:  2007 a. 64; 2011 a. 194.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.10 - Tort actions in residential real estate transactions.

895.10
Tort actions in residential real estate transactions.
(1)
In this section, “residential real estate transaction" means a real estate transfer to which s. 709.01 (1) applies.
(2)
In addition to any other remedies available under law, a transferee in a residential real estate transaction may maintain an action in tort against the real estate transferor for fraud committed, or an intentional misrepresentation made, by the transferor in the residential real estate transaction.
History:  2009 a. 4.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.14 - Tenders of money and property.

895.14
Tenders of money and property.
(1)
Tender may be pleaded. The payment or tender of payment of the whole sum due on any contract for the payment of money, although made after the money has become due and payable, may be pleaded to an action subsequently brought in like manner and with the like effect as if such tender or payment had been made at the time prescribed in the contract.
(2)
Tender after action commenced. A tender may be made after an action is brought on the contract of the whole sum then due, plus legal costs of suit incurred up to the time, at any time before the action is called for trial. The tender may be made to the plaintiff or attorney, and if not accepted the defendant may plead the same by answer or supplemental answer, in like manner as if it had been made before the commencement of the action, bringing into court the money so tendered for costs as well as for debt or damages.
(3)
Proceedings on acceptance of tender. If the tender is accepted the plaintiff or attorney shall, at the request of the defendant, sign a stipulation of discontinuance of the action for that reason and shall deliver it to the defendant; and also a certificate or notice thereof to the officer who has any process against the defendant, if requested. If costs are incurred for any service made by the officer after the tender is accepted and before the officer receives notice of the acceptance, the defendant shall pay the costs to the officer or the tender is invalid.
(4)
Involuntary trespass. A tender may be made in all cases of involuntary trespass before action is commenced. When in the opinion of the court or jury a sufficient amount was tendered to the party injured, agent or attorney for the trespass complained of, judgment shall be entered against the plaintiff for costs if the defendant kept the tender good by paying the money into court at the trial for the use of the plaintiff.
(5)
Payment into court of tender; record of deposits.
(a)
When tender of payment in full is made and pleaded, the defendant shall pay the tender in full into court before the trial of the action is commenced and notify the opposite party in writing, or be deprived of all benefit of the tender. When the sum tendered and paid into court is sufficient, the defendant shall recover the taxable costs of the action, if the tender was prior to the commencement of the action. The defendant shall recover taxable costs from the time of the tender, if the tender was after suit commenced.
(b)
When any party, pursuant to an order or to law, deposits any money or property with the clerk of court, the clerk shall record the deposit in the minute record describing the money or property and stating the date of the deposit, by whom made, under what order or for what purpose and shall deliver a certificate of these facts to the depositor, with the volume and page of the record endorsed on the certificate.
History:  1981 c. 67; 1983 a. 192 ss. 274 to 279; 1983 a. 302 s. 8; Stats. 1983 s. 895.14.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.33 - Limitation of surety's liability.

895.33
Limitation of surety's liability.
Any person may limit the amount of liability as a surety upon any bond or other obligation required by law or ordered by any court, judge, municipal judge or public official for any purpose. The amount of the limited liability may be recited in the body of the bond or stated in the justification of the surety. In an action brought upon the bond, no judgment may be recovered against the surety for a sum larger than the amount of the liability stated, together with the proportional share of the costs of the action. In an action brought on the bond, a surety may deposit in court the amount of the liability, whereupon the surety shall be discharged and released from any further liability under the bond.
History:  1979 c. 110 s. 60 (11); 1985 a. 332.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.34 - Renewal of sureties upon becoming insufficient and effects thereof.

895.34
Renewal of sureties upon becoming insufficient and effects thereof.
If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time.
History:  1977 c. 305.
A precondition for this section to apply is that the bond must at one time have been sufficient. Breuer v. Town of Addison, 194 Wis. 2d 616, 534 N.W.2d 634 (Ct. App. 1995).
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.345 - Justification of individual sureties.

895.345
Justification of individual sureties.
(1)
This section shall apply to any bond or undertaking in an amount of more than $1,000 whereon individuals are offered as sureties, which is authorized or required by any provision of the statutes to be given or furnished in or in connection with any civil action or proceeding in any court of record in this state, in connection with which bond or undertaking real property is offered as security.
(2)
Before any such bond or undertaking shall be approved, there shall be attached thereto and made a part of such bond or undertaking a statement under oath in duplicate by the surety that the surety is the sole owner of the property offered by the surety as security and containing the following additional information:
(a)
The full name and address of the surety.
(b)
That the surety is a resident of this state.
(c)
An accurate description by lot and block number, if part of a recorded and filed plat, or by metes and bounds of the real estate offered as security.
(d)
A statement that none of the properties offered constitute the homestead of the surety.
(e)
A statement of the total amount of the liens, unpaid taxes and other encumbrances against each property offered.
(f)
A statement as to the assessed value of each property offered, its market value and the value of the equity over and above all encumbrances, liens and unpaid taxes.
(g)
That the equity of the real property is equal to twice the penalty of the bond or undertaking.
(3)
This sworn statement shall be in addition to and notwithstanding other affidavits or statements of justification required or provided for elsewhere in the statutes in connection with such bonds and undertakings.
History:  1993 a. 486; 1999 a. 96.
Cross-reference:  This section does not apply to bonds of personal representatives. See s. 856.25.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.346 - Bail, deposit in lieu of bond.

895.346
Bail, deposit in lieu of bond.
When any bond or undertaking is authorized in any civil or criminal action or proceeding, the would-be obligor may, in lieu thereof and with like legal effect, deposit with the proper court or officer cash or certified bank checks or U.S. bonds or bank certificates of deposit in an amount at least equal to the required security; and the receiver thereof shall give a receipt therefor and shall notify the payor bank of any deposits of bank certificates of deposit. Section 808.07 shall govern the procedure so far as applicable.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 187 s. 135.
This section applies to all bonds, not just bail bonds. Aiello v. Village of Pleasant Prairie, 206 Wis. 2d 68, 556 N.W.2d 697 (1996), 95-1352.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.36 - Process against corporation or limited liability company officer.

895.36
Process against corporation or limited liability company officer.
No process against private property shall issue in an action or upon a judgment against a public corporation or limited liability company or an officer or manager in his or her official capacity, when the liability, if any, is that of the corporation or limited liability company nor shall any person be liable as garnishee of such public corporation or limited liability company.
History:  1993 a. 112; 2005 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.37 - Abrogation of defenses in employee personal injury actions.

895.37
Abrogation of defenses in employee personal injury actions.
(1)
In any action to recover damages for a personal injury sustained within this state by an employee while engaged in the line of the employee's duty as an employee, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of any officer, agent, or servant of the employer, it shall not be a defense:
(a)
That the employee either expressly or impliedly assumed the risk of the hazard complained of.
(b)
When such employer has at the time of the injury in a common employment 3 or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of a fellow servant.
(c)
When such employer has at the time of the injury in a common employment 3 or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of the injured employee, where such want of ordinary care was not willful.
(2)
Any employer who has elected to pay compensation as provided in ch. 102 shall not be subject to this section.
(3)
Subsection (1) (a), (b) and (c) shall not apply to farm labor, except such farm labor as is subject to ch. 102.
(4)
No contract, rule, or regulation, shall exempt the employer from this section.
History:  1993 a. 486; 2005 a. 155.
The fellow servant defense is not available to a farm employer of a child employed in violation of child labor laws. Tisdale v. Hasslinger, 79 Wis. 2d 194, 255 N.W.2d 314 (1977).
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.375 - Abrogation of defense that contract was champertous.

895.375
Abrogation of defense that contract was champertous.
No action, special proceeding, cross complaint or counterclaim in any court shall be dismissed on the ground that a party to the action is a party to a contract savoring of champerty or maintenance unless the contract is the basis of the claim pleaded.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.42 - Deposit of undistributed money and property by personal representatives and others.

895.42
Deposit of undistributed money and property by personal representatives and others.
(1)
(a)
In this subsection, “trust company" means any trust company or any state or national bank in this state that is authorized to exercise trust powers.
(b)
If in any proceeding in any court of record it is determined that moneys or other personal property in the custody of or under the control of any personal representative, trustee, receiver, or other officer of the court, belongs to a natural person if the person is alive, or to an artificial person if it is in existence and entitled to receive, and otherwise to some other person, and the court finds any of the following, the court may direct the officer having custody or control of the money or property to deposit the money or property with any trust company:
1.
That there is not sufficient evidence showing that the natural person first entitled to take is alive, or that the artificial person is in existence and entitled to receive.
2.
That the money or other personal property, including any legacy or share of intestate property, cannot be delivered to the person entitled to the money or property because the person is a member of the military or naval forces of the United States or any of its allies or is engaged in any of the armed forces abroad or with the American Red Cross society or other body or similar business.
(c)
Any officer depositing money or property with a trust company under par. (b), shall take the trust company's receipt for the deposit. The receipt shall, to the extent of the deposit, constitute a complete discharge of the officer in any accounting made by the officer in the proceeding.
(2)
In case such deposit is directed to be made, the court shall require the trust company or bank in which said deposit is ordered to be made, as a condition of the receipt thereof, to accept and handle, manage and invest the same as trust funds to the same extent as if it had received the same as a testamentary trust, unless the court shall expressly otherwise direct, except that the reports shall be made to the court of its appointment.
(3)
No distribution of the moneys or personal property so deposited shall be made by the depository as such trustee or otherwise without an order of the court on notice as prescribed by s. 879.03, and the jurisdiction of the court in the proceeding will be continued to determine, at any time at the instance of any party interested, the ownership of said funds, and to order their distribution.
History:  1973 c. 90; 1993 a. 486; 2001 a. 102; 2005 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.43 - Intentional killing by beneficiary of contract.

895.43
Intentional killing by beneficiary of contract.
The rights of a beneficiary of a contractual arrangement who kills the principal obligee under the contractual arrangement are governed by s. 854.14.
History:  1981 c. 228; 1987 a. 222; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.435 - Intentional killing by beneficiary of certain death benefits.

895.435
Intentional killing by beneficiary of certain death benefits.
The rights of a beneficiary to receive benefits payable by reason of the death of an individual killed by the beneficiary are governed by s. 854.14.
History:  1981 c. 228; 1987 a. 222; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.443 - Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.

895.443
Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.
(1)
If a person suffers physical injury to his or her person or emotional distress or damage to or loss of his or her property by reason of conduct that is prohibited under s. 943.012 and that causes damage to any property specified in s. 943.012 (1) to (4) or by reason of conduct that is grounds for a penalty increase under s. 939.645 (1), the person has a civil cause of action against the person who caused the physical injury, emotional distress, damage or loss.
(2)
The burden of proof in a civil action under sub. (1) rests with the person who suffers the physical injury, emotional distress, damage or loss to prove his or her case by a preponderance of the credible evidence.
(3)
If the plaintiff prevails in a civil action under sub. (1), he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation which were reasonably incurred.
(4)
A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the physical injury, emotional distress, loss or damage under sub. (1) and regardless of the outcome of any such criminal action.
(5)
This section does not limit the right of a person to recover from any parent or parents under s. 895.035.
History:  1987 a. 348; 2003 a. 243; 2005 a. 155 s. 65; Stats. 2005 s. 895.443.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.445 - Damage to certain machines; action for.

895.445
Damage to certain machines; action for.
(1)
An owner of a machine operated by the insertion of coins, currency, debit cards or credit cards that is damaged by a person acting with the intent to commit a theft from that machine may bring an action against the person.
(2)
The owner has the burden of proving his or her case under sub. (1) by a preponderance of the credible evidence.
(3)
If the owner prevails in a civil action under sub. (1), he or she may recover all of the following:
(a)
Treble damages.
(b)
Costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.
(4)
An owner may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the damage under sub. (1) and regardless of the outcome of any such criminal action.
History:  1995 a. 133; 2005 a. 155 s. 69; Stats. 2005 s. 895.445.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.447 - Certain agreements to limit or eliminate tort liability void.

895.447
Certain agreements to limit or eliminate tort liability void.
(1)
Any provision to limit or eliminate tort liability as a part of or in connection with any contract, covenant or agreement relating to the construction, alteration, repair or maintenance of a building, structure, or other work related to construction, including any moving, demolition or excavation, is against public policy and void.
(2)
This section does not apply to any insurance contract or worker's compensation plan.
(3)
This section shall not apply to any provision of any contract, covenant or agreement entered into prior to July 1, 1978.
History:  1977 c. 441; Stats. 1977 s. 895.47; 1977 c. 447; Stats. 1977 s. 895.49; 2005 a. 155 s. 49; Stats. 2005 s. 895.447.
This section did not void an indemnity clause in a contract. Gerdmann v. United States Fire Insurance Co., 119 Wis. 2d 367, 350 N.W.2d 730 (Ct. App. 1984).
This section did not void a subrogation waiver in a contract because the waiver did not limit or eliminate tort liability. “Tort liability" is the legal obligation or responsibility to another resulting from a civil wrong or injury for which a remedy may be obtained. The subrogation waiver in this case did not limit or eliminate the legal responsibility of the contractors to the property owner for the contractors' negligent acts. Instead, the subrogation waiver waived the property owner's right to recover damages from the contractors for their wrongful acts to the extent those damages were covered by a property insurance policy. Collection of damages does not equate with liability. Rural Mutual Insurance Co. v. Lester Buildings, LLC, 2019 WI 70, 387 Wis. 2d 414, 929 N.W.2d 180, 16-1837.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.448 - Safety devices on farm equipment, ordinary negligence.

895.448
Safety devices on farm equipment, ordinary negligence.
(1)
In this section:
(a)
“Farm equipment" means a tractor or other machine used in the business of farming.
(b)
“Safety device" means a guard, shield or other part that has the purpose of preventing injury to humans.
(2)
If a person in the business of selling or repairing farm equipment fabricates a safety device and installs the safety device on used farm equipment, after determining either that the farm equipment was not originally equipped with such a safety device or that a replacement is not available from the original manufacturer or from a manufacturer of replacements, and notifies the owner or purchaser of the farm equipment that the person fabricated the safety device, the person is not liable for claims founded in tort for damages arising from the safety device unless the claimant proves, by a preponderance of the evidence, that a cause of the claimant's harm was the failure to use reasonable care with respect to the design, fabrication, inspection, condition or installation of, or warnings relating to, the safety device.
History:  1993 a. 455; 2005 a. 155 s. 50; Stats. 2005 s. 895.448.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.449 - Action for loss caused by failure to pay for gasoline or diesel fuel.

895.449
Action for loss caused by failure to pay for gasoline or diesel fuel.
(1)
In this section:
(a)
“Association" means a membership organization whose membership is composed of retail businesses that sell gasoline or diesel fuel.
(b)
“Fuel retailer" means a person who suffers a loss as the result of a violation of s. 943.21 (1m) (d).
(c)
“Vehicle owner" means a person who holds the legal title of the vehicle that received gasoline or diesel fuel involved in a violation of s. 943.21 (1m) (d).
(2)
Any fuel retailer has a cause of action against a vehicle owner whose vehicle was involved in a violation of s. 943.21 (1m) (d). The fuel retailer may provide an association with an affidavit specifying the time and date that the violation occurred, the registration plate number of the vehicle that received the gasoline or diesel fuel, and the retail value of gasoline or diesel fuel involved in the violation.
(3)
Upon receipt by an association of an affidavit under sub. (2), that association may obtain from the department of transportation, based on the registration plate number of the motor vehicle that received the gasoline or diesel fuel in violation of s. 943.21 (1m) (d), identifying information regarding the owner of that motor vehicle and may forward the identifying information to the person who provided the affidavit under sub. (2).
(4)
The fuel retailer may send a letter by 1st class mail to the vehicle owner at the address obtained under sub. (3), requesting payment of the amount owed for the unpaid gasoline or diesel fuel, plus a service fee that does not exceed $30. The letter shall include the time and date of the violation, the registration plate number of the vehicle that received the gasoline or diesel fuel, and a statement that if the vehicle owner fails to pay the amount demanded within 30 days of receipt of the letter, the fuel retailer may commence a court action to collect that amount. If a vehicle owner fails to make the payment owed within 30 days of his or her receipt of the letter, the fuel retailer may commence an action in circuit court to collect the amount demanded.
(5)
If the fuel retailer prevails in an action brought under this section, the fuel retailer shall be entitled to the amount of the loss incurred, the $30 service fee, and court costs.
History:  2011 a. 186.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.45 - Service representatives for adult abusive conduct complainants.

895.45
Service representatives for adult abusive conduct complainants.
(1)
Definitions. In this section:
(a)
“Abusive conduct" means domestic abuse, as defined under s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1) (am) 4., sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.
(b)
“Complainant" means an adult who alleges that he or she was the subject of abusive conduct or who alleges that a crime has been committed against him or her.
(c)
“Service representative" means an individual member of an organization or victim assistance program who provides counseling or support services to complainants or petitioners and charges no fee for services provided to a complainant under sub. (2) or to a petitioner under s. 813.122.
(2)
Right to be present. A complainant has the right to select a service representative to attend, with the complainant, hearings, depositions and court proceedings, whether criminal or civil, and all interviews and meetings related to those hearings, depositions and court proceedings, if abusive conduct is alleged to have occurred against the complainant or if a crime is alleged to have been committed against the complainant and if the abusive conduct or the crime is a factor under s. 767.41 or is a factor in the complainant's ability to represent his or her interest at the hearing, deposition or court proceeding. The complainant shall notify the court orally, or in writing, of that selection. A service representative selected by a complainant has the right to be present at every hearing, deposition and court proceeding and all interviews and meetings related to those hearings, depositions and court proceedings that the complainant is required or authorized to attend. The service representative selected by the complainant has the right to sit adjacent to the complainant and confer orally and in writing with the complainant in a reasonable manner during every hearing, deposition or court proceeding and related interviews and meetings, except when the complainant is testifying or is represented by private counsel. The service representative may not sit at counsel table during a jury trial. The service representative may address the court if permitted to do so by the court.
(3)
Failure to exercise right not grounds for appeal. The failure of a complainant to exercise a right under this section is not a ground for an appeal of a judgment of conviction or for any court to reverse or modify a judgment of conviction.
History:  1991 a. 276; 1995 a. 220; 2001 a. 109; 2005 a. 155 s. 64; Stats. 2005 s. 895.45; 2005 a. 443 s. 265; 2007 a. 20; 2015 a. 253; 2021 a. 76.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.453 - Payments of chiropractic services from attorney contingency fees.

895.453
Payments of chiropractic services from attorney contingency fees.
(1)
In this section:
(a)
“Chiropractor" means a person licensed under ch. 446.
(b)
“Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail.
(2)
Notwithstanding s. 803.03, if all of the following conditions exist, fees for chiropractic services provided to an injured person shall be paid out of the amount of fees due to his or her attorney under the contingency fee arrangement made between the person and the attorney:
(a)
The person is injured as the result of a motor vehicle accident.
(b)
The services were provided by a chiropractor because of the injuries arising from the motor vehicle accident.
(c)
The person is represented by an attorney under a contingency fee arrangement.
(d)
The person receives an amount under a settlement agreement that is less than his or her damages.
(e)
Prior to the person's acceptance of the settlement agreement, the chiropractor has not been paid for his or her services and has provided written notification to the person's attorney of the services that were provided to the person.
(3)
Except as provided in sub. (4), if the conditions under sub. (2) are met, the distribution of the amount due under the contingency fee arrangement shall be allocated on a pro rata basis between the person's attorney and each chiropractor who provided services, based on the percentage obtained by comparing the outstanding fees owed to the attorney and each chiropractor to the aggregate outstanding attorney and chiropractic fees.
(4)
This section does not apply if any of the following exist:
(a)
The chiropractor is eligible for payment for the services provided to the person under any health insurance contract or self-insured health plan.
(b)
The chiropractor is eligible for payment for the services provided to the person under any governmental health plan or program, including Medicaid or Medicare.
History:  2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.455 - Limits on recovery by prisoners.

895.455
Limits on recovery by prisoners.
A prisoner, as defined in s. 801.02 (7) (a) 2., may not recover damages for mental or emotional injury unless the prisoner shows that he or she has suffered a physical injury as a result of the same incident that caused the mental or emotional injury.
History:  1997 a. 133; 2005 a. 155 s. 66; Stats. 2005 s. 895.455.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.457 - Limiting felon's right to damages.

895.457
Limiting felon's right to damages.
(1)
In this section:
(a)
“Crime" means a crime under the laws of this state or under federal law.
(b)
“Damages" means damages for an injury to real or personal property, for death, or for personal injury.
(c)
“Felony" means a felony under the laws of this state or under federal law.
(d)
“Victim" means a person against whom an act constituting a felony was committed.
(2)
No person may recover damages from any of the following persons for injury or death incurred while committing, or as a result of committing, an act that constituted a felony, if the person was convicted of a felony for that act:
(a)
A victim of that felony.
(b)
An individual other than a victim of that felony who assisted or attempted to assist in the prevention of the act, who assisted or attempted to assist in the protection of the victim, or who assisted or attempted to assist in the apprehension or detention of the person committing the act unless the individual who assisted or attempted to assist is convicted of a crime as a result of his or her assistance or attempted assistance.
(3)
This section does not prohibit a person from recovering damages for death or personal injury resulting from a device used to provide security that is intended or likely to cause great bodily harm, as defined in s. 939.22 (14), or death.
(4)
(a)
Any applicable statute of limitations for an action to recover damages against a person described under sub. (2) (a) or (b) for injury or death incurred while committing, or as a result of committing, an act that constituted a felony is tolled during the period beginning with the commencement of a criminal proceeding charging the person who committed the act with a felony for that act and ending with the final disposition, as defined in s. 893.13 (1), of the criminal proceeding.
(b)
Any applicable statute of limitations for an action to recover damages from an individual described under sub. (2) (b) for injury or death incurred while committing, or as a result of committing, an act that constituted a felony is tolled during the period beginning with the commencement of a criminal proceeding charging the individual described under sub. (2) (b) with a crime as a result of his or her assistance or attempt to assist and ending with the final disposition, as defined in s. 893.13 (1), of the criminal proceeding. This paragraph does not apply if a criminal proceeding described in par. (a) does not result in a felony conviction and there is no other criminal proceeding described under par. (a) pending.
(5)
A court may stay a civil action described under sub. (2) until the final disposition of a criminal proceeding described under sub. (4).
History:  2003 a. 87; 2005 a. 155 s. 68; Stats. 2005 s. 895.457.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.463 - Zoning ordinances.

895.463
Zoning ordinances.
In any matter relating to a zoning ordinance or shoreland zoning ordinance enacted or enforced by a city, village, town, or county, the court shall resolve an ambiguity in the meaning of a word or phrase in a zoning ordinance or shoreland zoning ordinance in favor of the free use of private property.
History:  2015 a. 391.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.47 - Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation.

895.47
Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation.
If the Wisconsin State Agencies Building Corporation or the Wisconsin State Public Building Corporation is the defendant in an action or special proceeding in its capacity as owner of facilities occupied by any department or agents of any department of state government, the judgment as to damages and costs shall be paid by the state from the appropriation made under s. 20.865 (1) (fm). The state, when it does not provide legal counsel to the defendant, its members, officers or employees, shall pay reasonable attorney fees and costs of defending the action regardless of the results of the litigation, unless the court or jury finds that the member, officer or employee did not act within the scope of that person's employment. Failure by the defendant to give notice to the department of justice of an action or special proceeding commenced against it, its members, officers or employees as soon as reasonably possible shall bar recovery by the defendant, its members, officers or employees from the state under this section. Attorney fees and expenses may not be recovered if the state offers the member, officer or employee legal counsel and the offer is refused.
History:  1977 c. 344, 447.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.472 - Indemnification of a financial institution.

895.472
Indemnification of a financial institution.
A financial institution, as defined in s. 943.80 (2), that compensates a customer for a pecuniary loss resulting from a financial crime, as defined in s. 943.80 (1), or assumes the loss, may bring a civil action against the person who committed the crime to recover the amount of the loss, any other damages incurred by the financial institution as a result of the crime, and the costs incurred to bring the action, including attorney's fees.
History:  2005 a. 212 s. 2; 2007 a. 97 s. 239.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.475 - Exemption from civil liability for furnishing safety inspection or advisory services.

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.
History:  1991 a. 39; 2005 a. 155 s. 42; Stats. 2005 s. 895.475.
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.
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.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.476 - Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.

895.476
Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.
(1)
In this section:
(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.
(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.
(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.
(3)
Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct.
(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).
History: 2021 a. 4.