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.
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