|
Wisconsin Recreational Use Statute
Landowners Liability on Recreational Activities
WISCONSIN STATUTES
PROVISIONS COMMON TO ACTIONS AND PROCEEDINGS IN ALL COURTS
CHAPTER 895: MISCELLANEOUS GENERAL PROVISIONS
§895.52 Recreational activities; limitation of property owners' liability.
§895.52(1) Definitions. In this section:
(a) "Governmental body" means any of the following:
1. The federal government.
2. This state.
3. A county or municipal governing body, agency, board, commission, committee,
council, department, district or any other public body corporate and politic
created by constitution, statute, ordinance, rule or order.
4. A governmental or quasi-governmental corporation.
5. A formally constituted subunit or an agency of subd. 1., 2., 3. or 4.
(b) "Injury" means an injury to a person or to property.
(c) "Nonprofit organization" means an organization or association not organized
or conducted for pecuniary profit.
(d) "Owner" means either of the following:
1. A person, including a governmental body or nonprofit organization, that owns,
leases or occupies property.
2. A governmental body or nonprofit organization that has a recreational
agreement with another owner.
(e) "Private property owner" means any owner other than a governmental body or
nonprofit organization.
(f) "Property" means real property and buildings, structures and improvements
thereon, and the waters of the state, as defined under s. 281.01 (18).
(g) "Recreational activity" means any outdoor activity undertaken for the
purpose of exercise, relaxation or pleasure, including practice or instruction
in any such activity. "Recreational activity" includes hunting, fishing,
trapping, camping, picnicking, exploring caves, nature study, bicycling,
horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle,
ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding,
snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing,
cutting or removing wood, climbing observation towers, animal training,
harvesting the products of nature, sport shooting and any other outdoor sport,
game or educational activity. "Recreational activity" does not include any
organized team sport activity sponsored by the owner of the property on which
the activity takes place.
(h) "Recreational agreement" means a written authorization granted by an owner
to a governmental body or nonprofit organization permitting public access to all
or a specified part of the owner's property for any recreational activity.
(i) "Residential property" means a building or structure designed for and used
as a private dwelling accommodation or private living quarters, and the land
surrounding the building or structure within a 300-foot radius.
§895.52(2)No duty; immunity from liability.
(a) Except as provided in subs. (3) to (6), no owner and no officer, employee or
agent of an owner owes to any person who enters the owner's property to engage
in a recreational activity:
1. A duty to keep the property safe for recreational activities.
2. A duty to inspect the property, except as provided under s. 23.115 (2).
3. A duty to give warning of an unsafe condition, use or activity on the
property.
(b) Except as provided in subs. (3) to (6), no owner and no officer, employee or
agent of an owner is liable for the death of, any injury to, or any death or
injury caused by, a person engaging in a recreational activity on the owner's
property or for any death or injury resulting from an attack by a wild animal.
§895.52(3) Liability; state property.
Subsection (2) does not limit the liability of an officer, employee or agent of
this state or of any of its agencies for either of the following:
(a) A death or injury that occurs on property of which this state or any of its
agencies is the owner at any event for which the owner charges an admission fee
for spectators.
(b) A death or injury caused by a malicious act or by a malicious failure to
warn against an unsafe condition of which an officer, employee or agent knew,
which occurs on property designated by the department of natural resources under
s. 23.115 or designated by another state agency for a recreational activity.
§895.52(4) Liability; property of governmental bodies other than this state.
Subsection (2) does not limit the liability of a governmental body other than
this state or any of its agencies or of an officer, employee or agent of such a
governmental body for either of the following:
(a) A death or injury that occurs on property of which a governmental body is
the owner at any event for which the owner charges an admission fee for
spectators.
(b) A death or injury caused by a malicious act or by a malicious failure to
warn against an unsafe condition of which an officer, employee or agent of a
governmental body knew, which occurs on property designated by the governmental
body for recreational activities.
§895.525 Participation in recreational activities.
§895.525(1)Legislative purpose.
The legislature intends by this section to establish the responsibilities of
participants in recreational activities in order to decrease uncertainty
regarding the legal responsibility for deaths or injuries that result from
participation in recreational activities and thereby to help assure the
continued availability in this state of enterprises that offer recreational
activities to the public.
§895.525(2)Definition.
In this section, "recreational activity" means any activity undertaken for the
purpose of exercise, relaxation or pleasure, including practice or instruction
in any such activity. "Recreational activity" includes hunting, fishing,
trapping, camping, bowling, billiards, picnicking, exploring caves, nature
study, dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching,
motorcycling, operating an all-terrain vehicle, ballooning, curling, throwing
darts, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling,
skiing, skating, participation in water sports, weight and fitness training,
sight-seeing, rock-climbing, cutting or removing wood, climbing observation
towers, animal training, harvesting the products of nature, sport shooting and
any other sport, game or educational activity.
§895.525(3) Appreciation of risk.
A participant in a recreational activity engaged in on premises owned or leased
by a person who offers facilities to the general public for participation in
recreational activities accepts the risks inherent in the recreational activity
of which the ordinary prudent person is or should be aware. In a negligence
action for recovery of damages for death, personal injury or property damage,
conduct by a participant who accepts the risks under this subsection is
contributory negligence, to which the comparative negligence provisions of s.
895.045 shall apply.
§895.525(4) Responsibilities of participants.
(a) A participant in a recreational activity engaged in on premises owned or
leased by a person who offers facilities to the general public for participation
in recreational activities is responsible to do all of the following:
1. Act within the limits of his or her ability.
2. Heed all warnings regarding participation in the recreational activity.
3. Maintain control of his or her person and the equipment, devices or animals
the person is using while participating in the recreational activity.
4. Refrain from acting in any manner that may cause or contribute to the death
or injury to himself or herself or to other persons while participating in the
recreational activity.
(b) A violation of this subsection constitutes negligence. The comparative
negligence provisions of s. 895.045 apply to negligence under this subsection.
§895.525(5) Effect on related provision.
Nothing in this section affects the limitation of property owners' liability
under s. 895.52.
895.525 - ANNOT. History: 1987 a. 377; 1995 a. 223, 447; 1997 a. 242.
895.525 - ANNOT. NOTE: 1987 Wis. Act 377, which created this section, has a
prefatory note explaining the act.
895.525 - ANNOT. This section codifies common law. It does not impose a greater
duty of care on individuals than exists at common law. Rockweit v. Senecal, 197
Wis. 2d 409, 541 N.W.2d 742 (1995).
895.525 - ANNOT. Sub. (3) does not mean that all who ski are negligent under all
circumstances. Sub. (3) and (4) when read together impose an obligation of
ordinary care on a skier to avoid foreseeable harms including adherence to the
conditions enumerated in sub. (4). Ansani v. Cascade Mountain, Inc. 223 Wis. 2d
39, 588 N.W.2d 321 (Ct. App. 1998).
§895.527 Sport shooting range activities.
§895.527(1)
In this section, "sport shooting range" means an area designed and operated for
the use and discharge of firearms.
§895.527(2)
A person who owns or operates a sport shooting range is immune from civil
liability related to noise resulting from the operation of the sport shooting
range.
§895.527(3)
A person who owns or operates a sport shooting range is not subject to an action
for nuisance or to zoning conditions related to noise and no court may enjoin or
restrain the operation or use of a sport shooting range on the basis of noise.
§895.527(4)
Any sport shooting range that exists on June 18, 1998, may continue to operate
as a sport shooting range at that location notwithstanding any zoning ordinance
enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the sport shooting
range is a lawful use or a legal nonconforming use under any zoning ordinance
enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) that is in effect on
June 18, 1998.
§895.527(5)
Any sport shooting range that exists on June 18, 1998, may continue to operate
as a sport shooting range at that location notwithstanding all of the
following:
(a) Section 167.30, 941.20 (1) (d) or 948.605 or any rule promulgated under
those sections regulating or prohibiting the discharge of firearms.
(b) Section 66.092 (3) (b) [s. 66.0409 (3) (b)] or any ordinance or resolution.
895.527 - ANNOT. NOTE: The bracketed language indicates the correct
cross-reference. Corrective legislation is pending.
(c) Any zoning ordinance that is enacted, or resolution that is adopted, under
s. 59.69, 60.61, 60.62, 61,35 or 62.23 (7) that is related to noise.
|