State Codes and Statutes

Statutes > Wisconsin > 895 > 895.57

895.57

895.57 Damages and immunity; unauthorized release of animals.

895.57(1)

(1) In this section:

895.57(1)(ag)

(ag) "Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.

895.57(1)(am)

(am) "Humane officer" means an officer appointed under s. 173.03.

895.57(1)(b)

(b) "Local health officer" has the meaning given in s. 250.01 (5).

895.57(1)(c)

(c) "Peace officer" has the meaning given in s. 939.22 (22).

895.57(2)

(2) A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, punitive damages, attorney fees and interest on the amount of the damages incurred at the rate of 12% per year from the date of the intentional release. The damages awarded shall include the costs of restoring the animal to confinement.

895.57(3)

(3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s. 169.15, 169.18, or 169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

895.57(4)

(4)

895.57(4)(a)

(a) In this subsection, "security device" includes any of the following:

895.57(4)(a)1.

1. Any fence enumerated under s. 90.02.

895.57(4)(a)2.

2. A theft alarm signal device, a burglar alarm or any other security alarm system or device.

895.57(4)(a)3.

3. A dog.

895.57(4)(b)

(b) Subject to par. (d), an owner or custodian of a confined animal is immune from civil liability for any damages to a person who suffers the damages while violating or attempting to violate s. 943.75 (2) or (2m).

895.57(4)(c)

(c) An owner or custodian of an animal that is released in violation of s. 943.75 (2) or (2m) is immune from liability for any damages caused by that released animal.

895.57(4)(d)

(d) The immunity provided to an owner or custodian of a confined animal under par. (b) does not apply if the injury was caused by a security device that is intended or likely to cause death or great bodily harm, as defined in s. 939.22 (14).

895.57 - ANNOT.

History: 1991 a. 20, 269; 1993 a. 27; 1995 a. 79; 1997 a. 27, 192, 248; 1999 a. 45; 2001 a. 56.