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Wisconsin
WISCONSIN STATUTES
PROVISIONS COMMON TO ACTIONS AND PROCEEDINGS IN ALL COURTS
CHAPTER 895. MISCELLANEOUS GENERAL PROVISIONS
Wis. Stat. § 895.525 (1994)
895.525 Participation in recreational activities
(1) 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 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.
(2) 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, but
is not limited to, 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
and any other sport, game or educational activity.
(3) 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 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.
(4) (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 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.
(5) Nothing in this section affects the limitation of property
owners' liability under s. 895.52.
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