September 2011 Special Session Assembly Bill 22 – Trespasser Liability

Current Trespasser Liability Law
Under both case law and current state statute in Wisconsin, a property owner does not have a duty of care to a trespasser injured on the property through no fault of the property owner. The Restatement Third, Torts, published by the American Law Institute, characterizes trends in tort law across the county. The Restatement Third, reflecting trends in other parts of the country, states that landowners do have a duty of care to trespassers injured on the owner’s property. (read more)