reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.478 - Civil liability exemption; opioid antagonists.

895.478
Civil liability exemption; opioid antagonists.
(1)
In this section:
(a)
“Administer” has the meaning given in s. 118.29 (1) (a).
(b)
“Health care professional" has the meaning given in s. 118.29 (1) (c).
(c)
“High degree of negligence" has the meaning given in s. 118.29 (1) (d).
(d)
“Opioid antagonist” has the meaning given in s. 450.01 (13v).
(e)
“Opioid-related drug overdose” has the meaning given in s. 256.40 (1) (d).
(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:
1.
The University of Wisconsin System.
2.
A technical college district.
3.
The governing body of a private nonprofit institution of higher education located in this state.
(2)
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:
(a)
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.
(b)
As soon as practicable after administering the opioid antagonist, the residence hall director reports the drug overdose by dialing the telephone number “911" or, in an area in which the telephone number “911" is not available, the telephone number for an emergency medical service provider.
(3)
A residence hall director is immune from civil liability for his or her acts or omissions in administering an opioid antagonist under sub. (2) unless the act or omission constitutes a high degree of negligence. This subsection does not apply to a residence hall director who is a health care professional.
(4)
An employer specified in sub. (1) (f) 1., 2., or 3. who approves training required under sub. (2) (a) for the administration of opioid antagonists by a residence hall director is immune from civil liability for the act of approval unless it constitutes a high degree of negligence.
History:  2017 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.4801 - Immunity for health care providers during COVID-19 emergency.

895.4801
Immunity for health care providers during COVID-19 emergency.
(1)
Definitions. In this section:
(a)
“Health care professional” means an individual licensed, registered, or certified by the medical examining board under subch. II of ch. 448 or the board of nursing under ch. 441.
(b)
“Health care provider” has the meaning given in s. 146.38 (1) (b) and includes an adult family home, as defined in s. 50.01 (1).
(2)
Immunity. Subject to sub. (3), any health care professional, health care provider, or employee, agent, or contractor of a health care professional or health care provider is immune from civil liability for the death of or injury to any individual or any damages caused by actions or omissions that satisfy all of the following:
(a)
The action or omission is committed while the professional, provider, employee, agent, or contractor is providing services during the state of emergency declared under s. 323.10 on March 12, 2020, by executive order 72, or the 60 days following the date that the state of emergency terminates.
(b)
The actions or omissions relate to health services provided or not provided in good faith or are substantially consistent with any of the following:
1.
Any direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster declared as described under par. (a).
2.
Any guidance published by the department of health services, the federal department of health and human services, or any divisions or agencies of the federal department of health and human services relied upon in good faith.
(c)
The actions or omissions do not involve reckless or wanton conduct or intentional misconduct.
(3)
Applicability. This section does not apply if s. 257.03, 257.04, 323.41, or 323.44 applies.
History: 2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.4802 - Civil liability exemption; hazardous materials.

895.4802
Civil liability exemption; hazardous materials.
(1)
In this section:
(a)
“Discharge" has the meaning given under s. 292.01 (3).
(b)
“Hazardous substance" has the meaning given under s. 299.01 (6).
(c)
“Hazardous substance prediction" means any declaration or estimate of the likely spread or impact of an actual discharge of a hazardous substance that is based on meteorological, mathematical, computer or similar models.
(d)
“Hazardous substance predictor" means any person who makes a hazardous substance prediction pursuant to a contract or agreement with a public agency or pursuant to a contract or agreement with a person who possesses or controls hazardous substances for the purpose of assisting that person in supplying a public agency with a hazardous substance prediction in the event of an actual discharge of a hazardous substance.
(2)
Any person is immune from civil liability for his or her good faith acts or omissions related to assistance or advice which the person provides relating to an emergency or a potential emergency regarding either of the following:
(a)
Mitigating or attempting to mitigate the effects of an actual or threatened discharge of a hazardous substance.
(b)
Preventing or cleaning up or attempting to prevent or clean up an actual or threatened discharge of a hazardous substance.
(3)
The immunity under sub. (2) does not extend to any person:
(a)
Whose act or omission causes in whole or in part the actual or threatened discharge and who would otherwise be liable for the act or omission;
(b)
Who would be liable for the discharge under chs. 281 to 285 or 289 to 299 or any rule promulgated or permit or order issued under chs. 281 to 285 or 289 to 299;
(c)
Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct; or
(d)
Who receives or expects to receive compensation, other than reimbursement for out-of-pocket expenses, for rendering the advice and assistance.
(4)
(a)
Any hazardous substance predictor or any person who provides the technology to enable hazardous substance predictions to be made is immune from civil liability for his or her good faith acts or omissions in making that prediction or providing that technology.
(b)
The good faith of any hazardous substance predictor or any person who provides the technology to make a prediction is presumed in any civil action. Any person who asserts that the acts or omissions under par. (a) were not made in good faith has the burden of proving that assertion by clear and convincing evidence.
(c)
The immunity under par. (a) does not extend to any person described under sub. (3) (a), (b), or (c).
History:  2005 a. 155 ss. 45, 47; 2005 a. 347 s. 55.
NOTE:  2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.4803 - Civil liability exemption; information concerning paternity.

895.4803
Civil liability exemption; information concerning paternity.
Any member of the staff of a hospital who is designated by the hospital and trained by the department of children and families under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of children and families and oral information or an audio or video presentation about statements acknowledging paternity as prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.
History:  2005 a. 155 ss. 46, 48; 2007 a. 20; 2017 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.482 - Civil liability exemption; ski patrol members.

895.482
Civil liability exemption; ski patrol members.
(1)
In this section:
(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.
(b)
“Ski patrol member" means a registered member of the national ski patrol who serves in that capacity without compensation.
(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.
(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.
History:  1991 a. 318.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.483 - Civil liability exemption; regional and local emergency response teams and their sponsoring agencies.

895.483
Civil liability exemption; regional and local emergency response teams and their sponsoring agencies.
(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).
(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).
(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.
(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).
History:  1991 a. 104; 1995 a. 13, 201; 1997 a. 27; 2001 a. 16; 2009 a. 42, 43; 2011 a. 258; 2021 a. 104.
A 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.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.484 - Civil liability exemption; entering a vehicle to render assistance.

895.484
Civil liability exemption; entering a vehicle to render assistance.
(1)
In this section:
(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).
(b)
“Vehicle" means a motor vehicle, or any other vehicle, that is used to transport persons or cargo and that is enclosed.
(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:
(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.
(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.
(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.
(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.
(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.
(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.
History:  2015 a. 103; 2017 a. 12.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.486 - Civil immunity exemption; reports of insurance fraud.

895.486
Civil immunity exemption; reports of insurance fraud.
(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:
(a)
An application for the issuance of an insurance policy.
(b)
A claim for payment, reimbursement or benefits payable under an insurance policy.
(c)
A payment made in accordance with the terms of an insurance policy.
(d)
A premium on an insurance policy.
(e)
The rating of an insurance policy.
(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:
(a)
The office of the commissioner of insurance.
(b)
A law enforcement officer.
(c)
The National Association of Insurance Commissioners.
(d)
Any governmental agency established to detect and prevent insurance fraud.
(e)
Any nonprofit organization established to detect and prevent insurance fraud.
(f)
Any insurer or authorized representative of an insurer.
(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.
(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.
History:  1995 a. 177.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.487 - Civil liability exemption; employment references.

895.487
Civil liability exemption; employment references.
(1)
In this section:
(a)
“Employee" has the meaning given in s. 101.01 (3) and also includes a former employee.
(b)
“Employer" has the meaning given in s. 101.01 (4).
(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.
(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.
History:  1995 a. 441; 1997 a. 35.
The 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.
Employer Liability for Employment References. Mac Kelly. Wis. Law. Apr. 2008.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.488 - Civil liability exemption; owner or person in lawful possession of the premises.

895.488
Civil liability exemption; owner or person in lawful possession of the premises.
(1)
In this section:
(a)
“Construction site" has the meaning given in s. 943.15 (2) (a).
(b)
“Owner or person in lawful possession of the premises" has the meaning given in s. 943.15 (2) (b).
(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.
(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.
History:  2009 a. 68.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.489 - Civil liability exemption; tenancy references.

895.489
Civil liability exemption; tenancy references.
(1)
In this section:
(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.
(b)
“Tenant" means a residential tenant, regardless of the type of tenancy or rental period.
(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.
History:  2013 a. 76.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.492 - Civil liability exemption; certificate of qualification for employment.

895.492
Civil liability exemption; certificate of qualification for employment.
(1)
In this section:
(a)
“Employee" has the meaning given in s. 101.01 (3) and also includes a former employee.
(b)
“Employer" has the meaning given in s. 101.01 (4).
(2)
An employer who hires an employee who has been issued a certificate of qualification for employment under s. 973.25 is immune from liability for the intentional acts or omissions of the employee, for the acts of the employee that are outside of the course of the employee's employment, and in any proceeding on a claim against the employer for negligent hiring, retention, training, or supervision of the employee unless the employer, when he or she hired the employee, acted maliciously towards the plaintiff or with intentional disregard of the rights of the plaintiff.
History:  2019 a. 123; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.497 - Civil liability exemption: furnishing safety services relating to child safety restraint systems.

895.497
Civil liability exemption: furnishing safety services relating to child safety restraint systems.
(1)
In this section:
(a)
“Child passenger safety technician" means a person who holds a valid certification as a child passenger safety technician or technician instructor issued by the National Highway Traffic Safety Administration or any entity authorized by the National Highway Traffic Safety Administration to issue such certifications.
(b)
“Safety program" means any program utilizing the services of child passenger safety technicians and not conducted for pecuniary profit that provides assistance, inspections, education, or advice to the public in the fitting, installation, or adjustment of child safety restraint systems.
(c)
“Sponsoring organization" means any person or organization that does any of the following:
1.
Employs a child passenger safety technician.
2.
Sponsors, offers, or organizes any safety program.
3.
Owns property on which a safety program is conducted.
(2)
(a)
A child passenger safety technician who inspects, installs, fits, or adjusts any child safety restraint system specified under s. 347.48 (4), or who provides education or other assistance or advice relating to the safe installation, fitting, or adjustment of child safety restraint systems, is immune from civil liability for his or her acts or omissions in rendering in good faith such services.
(b)
The immunity under par. (a) does not extend to any of the following:
1.
A person who receives compensation for providing the services specified in par. (a), other than reimbursement for expenses.
2.
A person whose acts or omissions in providing the services specified in par. (a) involve reckless, wanton, or intentional misconduct.
(c)
The good faith of a person in providing the services specified in par. (a) is presumed in any civil action if the services provided are within the scope of the person's training for which the person has been certified. Any person who asserts that the acts or omissions under par. (a) were not made in good faith has the burden of proving that assertion by clear and convincing evidence.
(3)
A sponsoring organization is immune from civil liability arising from any acts or omissions of a child passenger safety technician in providing services specified in sub. (2) (a) or arising in connection with a safety program if the sponsoring organization receives no compensation for the services provided by the child passenger safety technician or for participating in the safety program.
History:  2005 a. 322; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.501 - Civil liability exemption; credit card reencoders and scanning devices.

895.501
Civil liability exemption; credit card reencoders and scanning devices.
(1)
In this section:
(a)
“Automated teller machine” has the meaning given in s. 134.85 (1) (a).
(b)
“Credit card” has the meaning given in s. 943.202 (1) (b).
(c)
“Reencoder” has the meaning given in s. 943.202 (1) (c).
(d)
“Scanning device” has the meaning given in s. 943.202 (1) (d).
(2)
Any person who sells or distributes motor vehicle fuel and who dispenses that fuel from a pump capable of reading a credit card and any person who owns or is responsible for an automated teller machine is immune from civil liability for the unauthorized access, storage, or use of credit card information by another person by means of a credit card reencoder or scanning device that has been installed on his or her machine.
History:  2017 a. 54.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.506 - Civil liability exemption; weight gain and obesity claims.

895.506
Civil liability exemption; weight gain and obesity claims.
(1)
Any person who manufactures, markets, packs, distributes, advertises, or sells food, as defined in 21 USC 321 (f), is immune from civil liability for a person's weight gain or obesity caused by the consumption of the food, or for a health condition related to weight gain or obesity.
(2)
Subsection (1) does not apply to any of the following:
(a)
A claim that a defendant under sub. (1) knowingly violated a federal or state law concerning the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food, and the violation was the proximate cause of the weight gain, obesity, or related health condition.
(b)
A claim for breach of contract or express warranty in connection with the purchase of the food.
(c)
A claim regarding the sale of food that is adulterated under 21 USC 342.
(3)
In addition to the costs allowed under s. 814.04, a defendant that prevails on a motion under s. 802.08 filed in an action under sub. (2) may recover reasonable attorney fees and the costs of the investigation and litigation.
History:  2005 a. 325; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.508 - Liability exemption; provision of previously owned eyeglasses.

895.508
Liability exemption; provision of previously owned eyeglasses.
(1)
In this section, “charitable organization” means an organization described in section 501 (c) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code.
(2)
A charitable organization is not liable for any damages arising out of providing previously owned eyeglasses to an individual if all of the following are true:
(a)
The recipient of the eyeglasses is at least 14 years of age.
(b)
The eyeglasses are provided without charge.
(c)
For distribution of eyeglasses, the eyeglasses are provided by a licensed optometrist or ophthalmologist who has done any of the following:
1.
Personally examined the individual who will receive the eyeglasses and issued a prescription for the eyeglasses.
2.
Personally consulted with the licensed optometrist or ophthalmologist who issued the prescription for the eyeglasses.
History: 2021 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.512 - Civil liability exemption; access to toilet facility.

895.512
Civil liability exemption; access to toilet facility.
If an employee of a retail establishment permits a person to use the establishment's toilet facility, under the requirements of s. 146.29, the employee and the establishment are immune from civil liability for the death of or injury to the person, or an individual other than an employee who accompanies the person, that is caused by or during the use of the facility, unless the death or injury was caused by a willful or wanton act or omission of the employee.
History:  2009 a. 198.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.514 - Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.

895.514
Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
(1)
In this section:
(a)
“Authority" means the Health Insurance Risk-Sharing Plan Authority established under subch. III of ch. 149, 2011 stats.
(b)
“Board" means the board of directors of the authority.
(c)
“Commissioner" means the commissioner of insurance of this state.
(d)
“Plan" means the health care insurance plan established under subch. II of ch. 149, 2011 stats.
(2)
No cause of action of any nature may arise against, and no liability may be imposed upon, the authority, plan, or board; or any agent, employee, or director of any of them; or insurers participating in the plan; or the commissioner; or any agent, employee, or representative of the commissioner, for any act or omission by any of them in the performance of their powers and duties under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), unless the person asserting liability proves that the act or omission constitutes willful misconduct.
(3)
(a)
Except as provided in 2013 Wisconsin Act 20, section 9122 (1L), and 2013 Wisconsin Act 116, section 32 (1) (b), neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.
(b)
All of the expenses incurred by the authority, or the commissioner, or any agent, employee, or representative of the commissioner, in exercising its duties and powers under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), shall be payable only from funds of the authority.
History:  2013 a. 20, 116; 2015 a. 55, 85.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.515 - Civil liability exemption; equipment or technology donation.

895.515
Civil liability exemption; equipment or technology donation.
(1)
In this section:
(a)
“Commercial equipment or technology" means goods or related procedures used or bought for use primarily in a business, including farming and a profession.
(b)
“Institution of higher education" means an institution within the University of Wisconsin System, a technical college or a private, nonprofit institution of higher education located in this state.
(2)
Any person engaged in the sale or use of commercial equipment or technology, for profit or not for profit, who donates any commercial equipment or technology to a public or private elementary or secondary school, a tribal school, as defined in s. 115.001 (15m), or an institution of higher education or who accepts reimbursement in an amount not to exceed overhead and transportation costs for any commercial equipment or technology provided to a public or private elementary or secondary school, to a tribal school, or to an institution of higher education is immune from civil liability for the death of or injury to an individual caused by the commercial equipment or technology.
(3)
This section does not apply if the death or injury was caused by a willful or wanton act or omission of the person who donated or accepted reimbursement for the commercial equipment or technology.
(4m)
This section does not apply to the manufacturer of the donated commercial equipment or technology.
History:  1995 a. 112; 1997 a. 237; 2005 a. 155; 2009 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.517 - Civil liability exemption: solid waste donation or sale.

895.517
Civil liability exemption: solid waste donation or sale.
(1)
In this section:
(a)
“Charitable organization" has the meaning given in s. 895.51 (1) (b).
(b)
“Municipality" has the meaning given in s. 289.01 (23).
(c)
“Qualified food" has the meaning given in s. 895.51 (1) (e).
(d)
“Responsible unit" has the meaning given in s. 287.01 (9).
(e)
“Solid waste" has the meaning given in s. 289.01 (33).
(2)
Any person who donates or sells, at a price not exceeding overhead and transportation costs, solid waste, or a material that is separated from mixed soil waste, to a materials reuse program that is operated by a charitable organization, municipality or responsible unit is immune from civil liability for the death of or injury to an individual or the damage to property caused by the solid waste or material donated or sold by the person.
(3)
This section does not apply if the death or injury was caused by willful or wanton acts or omissions.
(4)
This section does not apply to the sale or donation of qualified food.
History:  1997 a. 60; 2005 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.519 - Civil liability exemption; private campgrounds.

895.519
Civil liability exemption; private campgrounds.
(1)
In this section:
(am)
“Inherent risk of camping" means a danger or condition that is an integral part of camping, including dangers posed by any of the following:
1.
Features of the natural world, such as trees, tree stumps, roots, brush, rocks, mud, sand, and soil.
2.
Uneven or unpredictable terrain.
3.
Natural bodies of water.
4.
Another camper or visitor at the private campground acting in a negligent manner, where the campground owner or employees are not involved.
5.
A lack of lighting, including lighting at campsites.
6.
Campfires in a fire pit or enclosure provided by the campground.
7.
Weather.
8.
Insects, birds, and other wildlife.
(bm)
“Private campground" means a facility that is issued a campground license under s. 97.67 and that is owned and operated by a private property owner, as defined in s. 895.52 (1) (e).
(2)
Except as provided in sub. (3), a private campground, an owner or operator of a private campground, and any employees and officers of a private campground or private campground owner or operator are immune from civil liability for acts or omissions related to camping at a private campground if a person is injured or killed, or property is damaged, as a result of an inherent risk of camping.
(3)
The immunity of sub. (2) does not apply if the person seeking immunity does any of the following:
(a)
Intentionally causes the injury, death, or property damage.
(b)
Acts with a willful or wanton disregard for the safety of the party or the property damaged. In this paragraph, “willful or wanton disregard" means conduct committed with an intentional or reckless disregard for the safety of others.
(c)
Fails to conspicuously post warning signs of a dangerous inconspicuous condition known to him or her on the property that he or she owns, leases, rents, or is otherwise in lawful control or possession of.
(4)
This section does not limit the immunity created under s. 895.52.
(5)
Nothing in this section affects the assumption of risk under s. 895.525 by a person participating in a recreational activity including camping.
History:  2015 a. 293; 2017 a. 365 ss. 87, 110.
The Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.526 - Participation in an alpine sport; restrictions on civil liability, assumption of risk.

895.526
Participation in an alpine sport; restrictions on civil liability, assumption of risk.
(1)
Definitions. All definitions in s. 167.33 apply to this section unless the context otherwise requires.
(2)
Appreciation of conditions and risk of participation in an alpine sport.
(a)
Every participant in an alpine sport at a ski area accepts the conditions and risks of the alpine sport as set forth in s. 167.33 (2).
(b)
Every participant in an alpine sport at a ski area is presumed to have seen and understood signage provided by the ski area operator pursuant to s. 167.33 (3).
(c)
Every participant in an alpine sport at a ski area accepts that failure to wear a helmet or wearing a helmet that is improperly sized, fitted, or secured increases the risk of injury or death or the risk of a more severe injury. Every participant in an alpine sport at a ski area accepts that a helmet may not be available for purchase or for rent at a ski area.
(d)
Every participant in an alpine sport at a ski area accepts that natural or man-made items or obstacles within a ski area, including ski area infrastructure and ski area vehicles, may be unpadded or not heavily padded and accepts that there may be a higher risk of injury or death or of a more severe injury associated with a collision with an item or obstacle that is unpadded or not heavily padded.
(3)
Responsibilities of a participant in an alpine sport. Every participant in an alpine sport is responsible to do all of the following:
(a)
Fulfill his or her duties set forth in s. 167.33 (5).
(b)
Choose whether to wear a helmet while participating in the alpine sport. If the participant chooses to wear a helmet, he or she has the responsibility to ensure the helmet is of the correct size and fit and to ensure that it is properly secured while he or she participates in the alpine sport.
(4)
Limits on liability for a ski area operator; release and liability of a participant.
(a)
A ski operator who fulfills all of his or her duties under s. 167.33 (3) and (4) owes no further duty of care to a participant in an alpine sport and is not liable for an injury or death that occurs as a result of any condition or risk accepted by the participant under sub. (2).
(b)
A participant involved in a collision with any other participant or with a nonparticipant may be liable for an injury or death that occurs as a result of the collision.
(c)
This subsection shall be construed broadly.
(5)
Effect on related provision. Nothing in this section affects the limitation of a property owner's liability under s. 895.52.
History:  2011 a. 199; 2015 a. 168.
Codify This: Exculpatory Contracts in Wisconsin Recreational Businesses. Nold. 101 MLR 573 (2017).
The Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.5265 - Civil liability exemption; placement of certain structures in waterways.

895.5265
Civil liability exemption; placement of certain structures in waterways.
(1)
In this section, “department" means the department of natural resources.
(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:
(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.
(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.
(c)
The person is acting under the direction of a person described under par. (a) or (b).
(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.
(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:
(a)
Inspect or maintain the structure.
(b)
Give warning of the existence of the structure unless specifically required by law.
(c)
Give warning of an unsafe condition caused by the structure.
History:  2015 a. 220.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.528 - Civil liability exemption; placement of markers in waterways.

895.528
Civil liability exemption; placement of markers in waterways.
(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:
(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.
(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.
(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.
History:  2015 a. 91.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.529 - Civil liability limitation; duty of care owed to trespassers.

895.529
Civil liability limitation; duty of care owed to trespassers.
(1)
In this section:
(a)
“Possessor of real property" means an owner, lessee, tenant, or other lawful occupant of real property.
(b)
“Trespasser" means a natural person who enters or remains upon property in possession of another without express or implied consent.
(2)
Except as provided in sub. (3), a possessor of real property owes no duty of care to a trespasser.
(3)
A possessor of real property may be liable for injury or death to a trespasser under the following circumstances:
(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.
(b)
The person injured or killed was a child and all of the following apply:
1.
The possessor of real property maintained, or allowed to exist, an artificial condition on the property that was inherently dangerous to children.
2.
The possessor of real property knew or should have known that children trespassed on the property.
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.
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.
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.
(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.
History:  2011 a. 93.
Reading 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.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.53 - Civil and criminal liability exemption; tests for intoxication.

895.53
Civil and criminal liability exemption; tests for intoxication.
(1)
In this section:
(a)
“Conservation warden" means a person appointed as a conservation warden by the department of natural resources under s. 23.10 (1).
(b)
“Traffic officer" has the meaning specified in s. 340.01 (70).
(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.
(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).
History:  1983 a. 535; 1983 a. 538 s. 256; Stats. 1983 s. 895.53; 1985 a. 331; 1995 a. 448; 2005 a. 155.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.535 - Civil and criminal liability exemption; body cavity search.

895.535
Civil and criminal liability exemption; body cavity search.
(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.
(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).
History:  2015 a. 238.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.537 - Liability exemption; sexual assault evidence collection.

895.537
Liability exemption; sexual assault evidence collection.
(1)
In this section:
(a)
“Health care professional” has the meaning given in s. 154.01 (3).
(b)
“Sexual assault forensic examination” has the meaning given in s. 165.775 (1) (d).
(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.
(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).
History: 2021 a. 116.
2023 Wisconsin Statutes & Annotations › Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts. › 895.54 - Liability exemption; notification of release.

895.54
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.
History:  1991 a. 269; 1993 a. 479.