Wisconsin Statutes
Wis. Stat. § 895.525 (2026)
Participation in recreational activities; restrictions on civil liability, assumption of risk
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895.525895.525 Participation in recreational activities; restrictions on civil liability, assumption of risk.
895.525(1)(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.
895.525(2)(a)(a) “Agricultural tourism activity” means an educational or recreational activity that takes place on a farm, ranch, grove, or other place where agricultural, horticultural, or silvicultural crops are grown or farm animals or farmed fish are raised, and that allows visitors to tour, explore, observe, learn about, participate in, or be entertained by an aspect of agricultural production, harvesting, or husbandry that occurs on the farm, ranch, grove, or other place.
895.525(2)(b)(b) “Recreational activity” means any activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. “Recreational activity” does not include participating in an alpine sport at a ski area, as those terms are defined in s. 167.33, but includes hunting, fishing, trapping, camping, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling that is not biking, as defined in s. 167.33 (1) (ar), horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, recreational aviation, as defined in s. 895.52 (1) (hm), ballooning, curling, throwing darts, hang gliding, hiking, sleigh riding, snowmobiling, 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, participating in an agricultural tourism activity, sport shooting, and participating in an alpine sport outside a ski area, as those terms are defined in s. 167.33, and any other sport, game or educational activity.
895.525(3)(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 shall apply.
895.525(4)(a)(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:
895.525(4)(a)3.3. Maintain control of his or her person and the equipment, devices or animals the person is using while participating in the recreational activity.
895.525(4)(a)4.4. Refrain from acting in any manner that may cause or contribute to the death or injury to himself or herself or to other persons while participating in the recreational activity.
895.525(4)(b)(b) A violation of this subsection constitutes negligence. The comparative negligence provisions of s. 895.045 apply to negligence under this subsection.
895.525(4m)(a)(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.
895.525(4m)(b)(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.
895.525(5)(5) Effect on related provisions. Nothing in this section affects the limitation of property owners’ liability under s. 895.52 or the limitation of school districts’ liability, of school boards’ liability, and of liability of governing bodies of charter schools under s. 895.523.
895.525 HistoryHistory: 1987 a. 377; 1995 a. 223, 447; 1997 a. 242; 2005 a. 155; 2011 a. 162, 199, 208; 2013 a. 165, 269, 318; 2015 a. 168, 195.
895.525 NoteNOTE: 1987 Wis. Act 377 contains a prefatory note explaining the act.
895.525 AnnotationThis section codifies common law. It does not impose a greater duty of care on individuals than exists at common law. Rockweit v. Senecal, 197 Wis. 2d 409, 541 N.W.2d 742 (1995), 93-1130.
895.525 AnnotationSub. (3) does not mean that all who ski are negligent under all circumstances. Subs. (3) and (4) when read together impose an obligation of ordinary care on a skier to avoid foreseeable harms, including adherence to the conditions enumerated in sub. (4). Ansani v. Cascade Mountain, Inc., 223 Wis. 2d 39, 588 N.W.2d 321 (Ct. App. 1998), 97-3514.
895.525 AnnotationCheerleaders are immune from negligence actions because they participate in a recreational activity that includes physical contact between persons in a sport involving amateur teams. Cheerleading is a sport because a sport is an activity involving physical exertion and skill that is governed by a set of rules or customs. Cheerleaders are on amateur teams because a team is a group organized to work together and cheerleaders are a group dedicated to leading fan participation and taking part in competitions. Cheerleading involves a significant amount of contact among the participants that at times can produce a forceful interaction between the cheerleaders when one person is tossed high into the air and then caught by those same tossers. Noffke v. Bakke, 2009 WI 10, 315 Wis. 2d 350, 760 N.W.2d 156, 06-1886.
895.525 AnnotationThe Exculpatory Contract and Public Policy. Anzivino. 102 MLR 747 (2019).
895.525 AnnotationGo Team! Wisconsin’s Latest Recreational Immunity Controversy. Condon. Wis. Law. June 2009.
Notes of Decisions
Cited in 12
cases, 1993–2019 · leading case: Noffke ex rel. Swenson v. Bakke, 2009 WI 10, 760 N.W.2d 156.
Noffke ex rel. Swenson v. Bakke, 2009 WI 10, 760 N.W.2d 156. “¶ 2 This case presents the following three issues: First, is Bakke immune from a negligence suit arising out of an incident that occurred while he was participating as a cheerleader at Holmen High School? We conclude that, pursuant to Wis. Stat. § 895.525 (4m)(a) (2005-06), [2]…”
Rockweit v. Senecal, 541 N.W.2d 742 (Wis. 1995). “Although it found that no duty existed under the common law, the circuit court concluded that Wis. Stat. § 895.525 (1987-88), the Recreational Use Statute, imposed a duty on Tynan, and therefore Anthony could sustain an action in negligence.”
Patti J. Roberts v. T.H.E. Ins. Co., 2016 WI 20, 879 N.W.2d 492. “" Wis. Stat. § 895.525 (1) (emphasis added).”
Ansani v. Cascade Mountain, Inc., 588 N.W.2d 321 (Wis. Ct. App. 1998). “Cascade contends that the circuit court erroneously exercised its discretion by refusing to instruct the jury that under Wisconsin's recreational activity statute, § 895.525, Stats., 1991-92, 1 Ansani was negligent as a matter of law simply because he skied.”
Rockweit ex rel. Donohue v. Senecal, 522 N.W.2d 575 (Wis. Ct. App. 1994). “In her cross-appeal, Tynan argues that the trial court erred in ruling that Anthony could maintain a negligence action under § 895.525, Stats. Because the issues overlap, we will address the entire question of negligence within the context of Tynan's cross-appeal.”
Benjamin Feld v. Luke Borkowski, 790 N.W.2d 72 (Iowa 2010). “1993), superseded by statute, Wis. Stat. § 895.525 (4m) (1995), as recognized in Noffke ex rel.”
Shain v. Racine Raiders Football Club, Inc., 2006 WI App 257, 726 N.W.2d 346. “525(3) provides that the conduct of a participant who is injured while engaging in a recreational activity is measured by the law of contributory negligence.”
Noffke ex rel. Swenson v. Bakke, 2008 WI App 38, 748 N.W.2d 195. “Bakke moved for summary judgment on the ground that he was immune from liability based on negligence by operation of Wis. Stat. § 895.525 (4m), 1 the statute governing liability for co-participants of contact team sports.”
Strenke v. Hogner, 2005 WI 25, 694 N.W.2d 296. “§ 895.525(4m) was created by 1995 Wis. Act 447 and allows liability of contact sports participants only "if the participant who caused the injury acted recklessly or with intent to cause injury.”
Lestina v. West Bend Mut. Ins., 501 N.W.2d 28 (Wis. 1993). “[11] The plaintiff refers the court to sec. 895.525, Stats. 1991-92, arguing that the legislature adopted a negligence standard for participants in recreational activities.”
Yauger v. Skiing Enter., Inc., 538 N.W.2d 834 (Wis. Ct. App. 1995). “For example, Colorado law provides, in part: *500 "Inherent dangers and risks of skiing" means those dangers or conditions which are an integral part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, such as ice, hard…”
Turner v. Bounce Back LLC, 2019 WI App 8, 926 N.W.2d 510. “§ 895.525(4), pertaining to the responsibilities of participants in recreational activities.”
Wis. Stat. § 895.525(1): 1 case
Rockweit ex rel. Donohue v. Senecal, 522 N.W.2d 575 (Wis. Ct. App. 1994). “In her cross-appeal, Tynan argues that the trial court erred in ruling that Anthony could maintain a negligence action under § 895.525, Stats. Because the issues overlap, we will address the entire question of negligence within the context of Tynan's cross-appeal.”
Wis. Stat. § 895.525(2): 1 case
Noffke ex rel. Swenson v. Bakke, 2008 WI App 38, 748 N.W.2d 195. “Bakke moved for summary judgment on the ground that he was immune from liability based on negligence by operation of Wis. Stat. § 895.525 (4m), 1 the statute governing liability for co-participants of contact team sports.”
Wis. Stat. § 895.525(3): 3 cases
Ansani v. Cascade Mountain, Inc., 588 N.W.2d 321 (Wis. Ct. App. 1998). “Cascade contends that the circuit court erroneously exercised its discretion by refusing to instruct the jury that under Wisconsin's recreational activity statute, § 895.525, Stats., 1991-92, 1 Ansani was negligent as a matter of law simply because he skied.”
Shain v. Racine Raiders Football Club, Inc., 2006 WI App 257, 726 N.W.2d 346. “525(3) provides that the conduct of a participant who is injured while engaging in a recreational activity is measured by the law of contributory negligence.”
Yauger v. Skiing Enter., Inc., 538 N.W.2d 834 (Wis. Ct. App. 1995). “For example, Colorado law provides, in part: *500 "Inherent dangers and risks of skiing" means those dangers or conditions which are an integral part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, such as ice, hard…”
Wis. Stat. § 895.525(4): 3 cases
Ansani v. Cascade Mountain, Inc., 588 N.W.2d 321 (Wis. Ct. App. 1998). “Cascade contends that the circuit court erroneously exercised its discretion by refusing to instruct the jury that under Wisconsin's recreational activity statute, § 895.525, Stats., 1991-92, 1 Ansani was negligent as a matter of law simply because he skied.”
Rockweit ex rel. Donohue v. Senecal, 522 N.W.2d 575 (Wis. Ct. App. 1994). “In her cross-appeal, Tynan argues that the trial court erred in ruling that Anthony could maintain a negligence action under § 895.525, Stats. Because the issues overlap, we will address the entire question of negligence within the context of Tynan's cross-appeal.”
Turner v. Bounce Back LLC, 2019 WI App 8, 926 N.W.2d 510. “§ 895.525(4), pertaining to the responsibilities of participants in recreational activities.”
Wis. Stat. § 895.525(4)(a): 1 case
Turner v. Bounce Back LLC, 2019 WI App 8, 926 N.W.2d 510. “§ 895.525(4), pertaining to the responsibilities of participants in recreational activities.”
Wis. Stat. § 895.525(4)(b): 1 case
Turner v. Bounce Back LLC, 2019 WI App 8, 926 N.W.2d 510. “§ 895.525(4), pertaining to the responsibilities of participants in recreational activities.”
Wis. Stat. § 895.525(4m): 3 cases
Strenke v. Hogner, 2005 WI 25, 694 N.W.2d 296. “§ 895.525(4m) was created by 1995 Wis. Act 447 and allows liability of contact sports participants only "if the participant who caused the injury acted recklessly or with intent to cause injury.”
Noffke ex rel. Swenson v. Bakke, 2008 WI App 38, 748 N.W.2d 195. “Bakke moved for summary judgment on the ground that he was immune from liability based on negligence by operation of Wis. Stat. § 895.525 (4m), 1 the statute governing liability for co-participants of contact team sports.”
Shain v. Racine Raiders Football Club, Inc., 2006 WI App 257, 726 N.W.2d 346. “525(3) provides that the conduct of a participant who is injured while engaging in a recreational activity is measured by the law of contributory negligence.”
Wis. Stat. § 895.525(4m)(a): 2 cases
Noffke ex rel. Swenson v. Bakke, 2009 WI 10, 760 N.W.2d 156. “¶ 2 This case presents the following three issues: First, is Bakke immune from a negligence suit arising out of an incident that occurred while he was participating as a cheerleader at Holmen High School? We conclude that, pursuant to Wis. Stat. § 895.525 (4m)(a) (2005-06), [2]…”
Noffke ex rel. Swenson v. Bakke, 2008 WI App 38, 748 N.W.2d 195. “Bakke moved for summary judgment on the ground that he was immune from liability based on negligence by operation of Wis. Stat. § 895.525 (4m), 1 the statute governing liability for co-participants of contact team sports.”
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