Wisconsin Statutes
Wis. Stat. § 895.55 (2026)
Liability exemption; oil discharge control
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
895.55(1)(a)(a) “Damages” means those damages specified in 33 USC 2702 (b) (2) and includes the cost of assessing those damages.
895.55(1)(b)(b) “Discharge” means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.
895.55(1)(c)(c) “Federal on-scene coordinator” means the federal official designated by the federal environmental protection agency or the U.S. coast guard to coordinate and direct responses under the national contingency plan.
895.55(1)(d)(d) “National contingency plan” means the plan prepared and published under 33 USC 1321 (d).
895.55(1)(e)(e) “Oil” means petroleum, hydrocarbon, vegetable or mineral oil of any kind or in any form and includes oil mixed with wastes other than dredged spoil.
895.55(1)(f)(f) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
895.55(1)(g)(g) “Removal” means the containment and elimination of oil from water, shorelines and beaches or the taking of other actions, including disposal, as may be necessary to minimize or mitigate damages to public health and welfare, including to fish, shellfish, wildlife and public or private property, shorelines and beaches.
895.55(1)(h)(h) “Removal costs” means the costs of removal that are incurred after an oil discharge occurs or, if there is a substantial threat of an oil discharge, the costs to prevent, minimize or mitigate an oil discharge.
895.55(2)(2) Notwithstanding any provision of s. 93.57, 299.11, 299.13, 299.31, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, ch. 29, 281, 283, 289, 291, 292, or 323 or subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person’s acts or omissions and for the removal costs resulting from the person’s acts or omissions if all of the following conditions are met:
895.55(2)(a)(a) Those acts or omissions were taken while rendering assistance, advice or care related to the threat of an oil discharge into the navigable waters of this state or related to the removal of oil resulting from an oil discharge into the navigable waters of this state.
895.55(2)(b)(b) The assistance, advice or care was consistent with the national contingency plan or the state contingency plan or was otherwise directed by the federal on-scene coordinator or the secretary of natural resources.
895.55(3)(a)(a) Who is required to act under s. 292.11 (3) because the person possessed or controlled the oil that was initially discharged into the navigable waters of this state or caused the initial discharge or initial threat of discharge of the oil into the navigable waters of this state.
895.55(3)(b)(b) Whose act or omission involves gross negligence or reckless, wanton or intentional misconduct.
895.55(4)(4) A person under sub. (3) (a) is liable for any damages or removal costs that another person is immune from under sub. (2).
Notes of Decisions
Cited in 4
cases, 2001–2015 · leading case: Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005).
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). “Lindemann should also be considered a "health care provider" under Wis.”
Est. of Genrich v. OHIC Ins. Co., 2009 WI 67 (Wis. 2009). “007 supports the directive that Wis. Stat. § 895.55 (1m)(a) applies regardless of whether the claim for damages is based on injury or death.”
Landis v. Physicians Ins. Co. of Wisconsin, Inc., 2001 WI 86 (Wis. 2001). “55 (1)(b) depended upon the fact that that statute was enacted by the legislature, not that § 895.55(1)(b) was determined to be a statute of repose by means of "judicial terminology.”
Donald Christ v. Exxon Mobil Corp., 2015 WI 58 (Wis. 2015). “The court determined that the statute did not apply in a medical malpractice case.”
— Wis. Stat. § 895.55(1)(b) — 1 case
Landis v. Physicians Ins. Co. of Wisconsin, Inc., 2001 WI 86 (Wis. 2001). “55 (1)(b) depended upon the fact that that statute was enacted by the legislature, not that § 895.55(1)(b) was determined to be a statute of repose by means of "judicial terminology.”
— Wis. Stat. § 895.55(l)(b) — 1 case
Landis v. Physicians Ins. Co. of Wisconsin, Inc., 2001 WI 86 (Wis. 2001). “55 (1)(b) depended upon the fact that that statute was enacted by the legislature, not that § 895.55(1)(b) was determined to be a statute of repose by means of "judicial terminology.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.