Recreation

Wisconsin’s Recreational Use Law Helps Encourage Activity on Private Lands
Landowner liability is treated differently for woodlands in Wisconsin. Unlike developed land, landowners who invite people to use their woodlands for most recreational purposes are mainly protected from liability if an injury or death occurs. Landowners are still liable if a death or injury occurs on residential property or within 300 feet of a commercial or manufacturing operation. In general, the law provides that landowners do not have to upkeep woodland or undeveloped property for safety reasons. There are some exceptions to this law, however.

For example, if:
-- the landowner charges fees totaling more than $2,000 annually;
-- the landowner sponsors an organized team sport;
-- the landowner “maliciously withholds information that could prevent an injury” or engages in “malicious acts to harm”;
-- employees sustain injuries while on the job.

This recreational immunity law has allowed landowners to encourage recreational activity on their lands. However, unusual circumstances have still allowed people to successfully sue landowners in the past. For example, a portable ice shanty located on a frozen lake does not qualify as recreational property that would entitle its owner to recreational immunity. To protect against these types of lawsuits, a landowner may want to require groups asking for permission to use their land to bear the cost of defending a lawsuit by naming the landowner as an additional insured party on an insurance policy.

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