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Old 12-04-2007 | 10:04 AM
  #5  
lax
Spike
 
Joined: Feb 2003
Posts: 55
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From: Wisconsin, USA
Default RE: WI land lease question

Wisconsin statute § 895.52
The recreational immunity statute is found at § 895.52, Wis. Stat. It provides in part that no 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; or

3) a duty to give the warning of an unsafe condition, use or activity on the property. No owner is liable for any injury to a person engaging in a recreational activity on the owner's property. The phrase "recreational activity" is statutorily defined very broadly. Recreational activity means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure. Examples of recreational activities are hunting, camping, bicycling, hiking, sledding, water sports. The statute attempts to include any outdoor sport, game or educational activity except organized team sport activities sponsored by the owner of the property. Exceptions to immunity There are exceptions to landowner immunity. The private property owner is not immune if:

[*]he/she collects money, goods or services in payment for the use of the owner's property for the recreational activity and the aggregate value of all payments exceeds $2,000;

[*]injury is caused by the malicious failure of the private property owner to warn against an unsafe condition on the property of which the owner had knowledge or malicious act of the owner;

[*]the injured party is a social guest who has been expressly and individually invited by the private property owner for the specific occasion during which the injury occurs;

[*]and the injury is sustained by employee of private property owner acting within the scope of his or her duties. [/ol]
The liability of the state is not limited if the owner charges an admission fee for spectators and for a malicious act or by a malicious failure to warn against a known unsafe condition.



Just make sure both yourself and the property owner are carrying proper insurance.
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