Wisconsin Trespasser Liability Bill

The Republican-controlled Wisconsin Legislature has passed a bill that would reduce property owners’ liability for a trespasser’s injuries or death.

The Assembly passed the measure 80-15 on Nov. 3. The state Senate approved it the day before. It now goes to Gov. Scott Walker for his signature. Walker included the bill as part of his special legislative session on jobs.

Under the proposal, property owners generally wouldn’t be liable for conditions on their property that result in injuries to a trespasser or a trespasser’s death.

Property owners could be found liable, however, if they intentionally hurt or kill a trespasser. They also could be liable for a child trespasser’s injuries or death in some situations, including whether they knew the property was dangerous to children and whether they knew children would likely trespass.