Wisconsin Statutes 895.529 – Civil liability limitation; duty of care owed to trespassers
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Terms Used In Wisconsin Statutes 895.529
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Statute: A law passed by a legislature.
(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.