Chapter 895, DAMAGES, LIABILITY, AND MISCELLANEOUS PROVISIONSREGARDING ACTIONS IN COURTS
111 sections in this chapter.
Wis. Stat. § 895.453 Payments of chiropractic services from attorney contingency fees
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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-pro…
Wis. Stat. § 895.455 Limits on recovery by prisoners
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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 emoti…
Wis. Stat. § 895.457 Limiting felon’s right to damages
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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 unde…
Wis. Stat. § 895.46 State and political subdivisions thereof to pay judgments taken against officers
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895.46 State and political subdivisions thereof to pay judgments taken against officers. (1) (a) If the defendant in any action or special proceeding is a public officer or employee and is proceeded against in an official capacity or is proceeded against as an individual because …
Wis. Stat. § 895.463 Zoning ordinances
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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 ordinan…
Wis. Stat. § 895.47 Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation
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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 procee…
Wis. Stat. § 895.472 Indemnification of a financial institution
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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 pers…
Wis. Stat. § 895.475 Exemption from civil liability for furnishing safety inspection or advisory services
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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…
Wis. Stat. § 895.476 Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19
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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 i…
Wis. Stat. § 895.478 Civil liability exemption; opioid antagonists
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895.478 Civil liability exemption; opioid antagonists. (1) DEFINITIONS. 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 i…
Wis. Stat. § 895.48 Civil liability exemption; emergency medical care
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895.48 Civil liability exemption; emergency medical care. (1) Except as provided in sub. (1g), any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such eme…
Wis. Stat. § 895.4801 Immunity for health care providers during COVID-19 emergency
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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 c…
Wis. Stat. § 895.4802 Civil liability exemption; hazardous materials
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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 …
Wis. Stat. § 895.4803 Civil liability exemption; information concerning paternity
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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 paren…
Wis. Stat. § 895.481 Civil liability exemption; equine activities
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895.481 Civil liability exemption; equine activities. (1) In this section: (a) “Equine” means a donkey, hinny, horse, mule or pony. (b) “Equine activity” means any of the following: 1. Shows, fairs, competitions, performances or parades that involve any breeds of equines and any …
Wis. Stat. § 895.482 Civil liability exemption; ski patrol members
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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 …
Wis. Stat. § 895.483 Civil liability exemption; regional and local emergency response teams and their sponsoring agencies
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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 manage…
Wis. Stat. § 895.484 Civil liability exemption; entering a vehicle to render assistance
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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…
Wis. Stat. § 895.485 Civil liability exemption; out-of-home care providers and child-placing agencies
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895.485 Civil liability exemption; out-of-home care providers and child-placing agencies. (1) DEFINITIONS. In this section: (ag) “Age or developmentally appropriate activities” has the meaning given in s. 48.02 (1dm). (b) “Foster home” has the meaning given in s. 48.02 (6). (c) “…
Wis. Stat. § 895.486 Civil immunity exemption; reports of insurance fraud
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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 p…
Wis. Stat. § 895.487 Civil liability exemption; employment references
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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 j…
Wis. Stat. § 895.488 Civil liability exemption; owner or person in lawful possession of the premises
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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).…
Wis. Stat. § 895.489 Civil liability exemption; tenancy references
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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…
Wis. Stat. § 895.492 Civil liability exemption; certificate of qualification for employment
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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 empl…
Wis. Stat. § 895.497 Civil liability exemption: furnishing safety services relating to child safety restraint systems
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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 is…
Wis. Stat. § 895.501 Civil liability exemption; credit card reencoders and scanning devices
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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 …
Wis. Stat. § 895.506 Civil liability exemption; weight gain and obesity claims
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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…
Wis. Stat. § 895.508 Liability exemption; provision of previously owned eyeglasses
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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 C…
Wis. Stat. § 895.51 Civil liability exemption: food or emergency DAMAGES, LIABILITY, MISCELLANEOUS COURT PROVISIONS household products; emergency medical supplies; donation, sale, or distribution
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895.51 Civil liability exemption: food or emergency DAMAGES, LIABILITY, MISCELLANEOUS COURT PROVISIONS household products; emergency medical supplies; donation, sale, or distribution. (1) In this section: (b) “Charitable organization” means an organization the contributions to wh…
Wis. Stat. § 895.512 Civil liability exemption; access to toilet facility
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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 deat…
Wis. Stat. § 895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority
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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 au…
Wis. Stat. § 895.515 Civil liability exemption; equipment or technology donation
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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 educ…
Wis. Stat. § 895.517 Civil liability exemption: solid waste donation or sale
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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) …
Wis. Stat. § 895.519 Civil liability exemption; private campgrounds
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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 stu…
Wis. Stat. § 895.52 Recreational activities; limitation of property owners’ liability
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895.52 Recreational activities; limitation of property owners’ liability. (1) DEFINITIONS. In this section: (ag) “Agricultural tourism activity” means an educational or recreational activity that takes place on a farm, ranch, grove, or other place where agricultural, horticultura…
Wis. Stat. § 895.523 Recreational activities in a school building or on school grounds; limitation of liability
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895.523 Recreational activities in a school building or on school grounds; limitation of liability. (1) DEFINITIONS. In this section: (a) “Governing body of a charter school” means the person that operates a charter school established under s. 118.40 (2) or (2m) or the entity tha…
Wis. Stat. § 895.524 Participation in an agricultural tourism activity; limitations on civil liability, assumption of risk
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895.524 Participation in an agricultural tourism activity; limitations on civil liability, assumption of risk. (1) DEFINITIONS. In this section: (a) “Agricultural tourism activity” means an educational or recreational activity that takes place on a farm, ranch, grove, or other pl…
Wis. Stat. § 895.525 Participation in recreational activities; restrictions on civil liability, assumption of risk
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895.525 Participation in recreational activities; restrictions on civil liability, assumption of risk. (1) LEGISLATIVE PURPOSE. The legislature intends by this section to establish the responsibilities of participants in recreational activities in order to decrease uncertainty re…
Wis. Stat. § 895.526 Participation in an alpine sport; restrictions on civil liability, assumption of risk
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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. Updated 23-24 Wis. Stats. DAMAGES, LIABILITY, MISCELLANEOUS COURT PROVISIONS (…
Wis. Stat. § 895.5265 Civil liability exemption; placement of certain structures in waterways
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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 placi…
Wis. Stat. § 895.527 Sport shooting range activities; limitations on liability and restrictions on operation
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895.527 Sport shooting range activities; limitations on liability and restrictions on operation. (1) In this section, “sport shooting range” means an area designed and operated for the use and discharge of firearms. (2) A person who owns or operates a sport shooting range is immu…
Wis. Stat. § 895.528 Civil liability exemption; placement of markers in waterways
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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) T…
Wis. Stat. § 895.529 Civil liability limitation; duty of care owed to trespassers
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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 po…
Wis. Stat. § 895.53 Civil and criminal liability exemption; tests for intoxication
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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.…
Wis. Stat. § 895.532 Civil and criminal liability exemption; xylazine testing products
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895.532 Civil and criminal liability exemption; xylazine testing products. (1) In this section, “xylazine testing product” means any materials used or intended for use in testing for the presence of xylazine or a xylazine analog in a substance. (2) Any person who distributes a xy…
Wis. Stat. § 895.535 Civil and criminal liability exemption; body cavity search
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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, ex…
Wis. Stat. § 895.537 Liability exemption; sexual assault evidence collection
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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 con…
Wis. Stat. § 895.54 Liability exemption; notification of release
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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 wi…
Wis. Stat. § 895.55 Liability exemption; oil discharge control
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895.55 Liability exemption; oil discharge control. (1) In this section: (a) “Damages” means those damages specified in 33 USC 2702 (b) (2) and includes the cost of assessing those damages. (b) “Discharge” means, but is not limited to, spilling, leaking, pumping, pouring, emitting…
Wis. Stat. § 895.555 Civil liability exemption; anhydrous ammonia
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895.555 Civil liability exemption; anhydrous ammonia. (1) LIABILITY EXEMPTION. Except as provided under sub. (2), any person who owns, maintains, or installs anhydrous ammonia equipment, as defined in s. 101.10 (1) (b), or who uses anhydrous ammonia for any legal purpose is immun…