Trainer's Facility Use Agreement - Horse Equine Forms
Wisconsin Equine Activity Statutes
895.525
Participation in recreational activities.
(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.
(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.
(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
apply to negligence under this subsection.
(4m) Liability of contact sports participants.
(a) A participant in a recreational
activity that includes physical contact between persons in a sport involving
amateur teams, including teams in recreational, municipal, high school
and college leagues, may be liable for an injury inflicted on another participant
during and as part of that sport in a tort action only if the participant
who caused the injury acted recklessly or with intent to cause injury.
(b) Unless the professional league establishes
a clear policy with a different standard, a participant in an athletic
activity that includes physical contact between persons in a sport involving
professional teams in a professional league may be liable for an injury
inflicted on another participant during and as part of that sport in a
tort action only if the participant who caused the injury acted recklessly
or with intent to cause injury.
(5) Effect on related provision.
Nothing in this section affects the limitation
of property owners' liability under s. 895.52.