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Emergency Law Inventory | Full Law Text

Law Number

Wis. Stat. 323.45

Summary Title

Liability: Provider of Equipment

Summary

When an emergency declaration is in effect, an individual who provides equipment, materials, facilities, labor, or services at the direction of the Governor, emergency management services, or local governing entity will not be held legally responsible for injury, death, or damage to property. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Providers of equipment and other items

Full Text

(1) Except as provided in subs. (2) and (4), no person who provides equipment, materials, facilities, labor, or services is liable for the death of or injury to any person or damage to any property caused by his or her actions if the person did so under all of the following conditions: (a) Under the direction of the governor, the adjutant general, the governing body, chief or acting chief executive officer, or head of emergency management services of any local unit of government or federally recognized American Indian tribe or band in this state, the department of health services if that department is designated by the governor under s. 323.10, or the local health department acting under s. 251.05 (3) (e). (b) In response to enemy action, a disaster, or a federally declared state of emergency or during a state of emergency declared by the governor. (2) This section does not apply if the persons act or omission involved reckless, wanton, or intentional misconduct. (3) This section does not affect the right of any person to receive benefits to which he or she otherwise would be entitled under the workers compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law. (4) (a) This section does not apply to a persons provision of services if s. 257.03 or 323.41 applies. (b) This section does not apply to a persons provision of facilities if s. 257.04 or 323.44 applies.