Wis. Stat. § 895.447

Current through Acts 2023-2024, ch. 272

Section 895.447 - Certain agreements to limit or eliminate tort liability void

(1) Any provision to limit or eliminate tort liability as a part of or in connection with any contract, covenant or agreement relating to the construction, alteration, repair or maintenance of a building, structure, or other work related to construction, including any moving, demolition or excavation, is against public policy and void.

(2) This section does not apply to any insurance contract or worker's compensation plan.

(3) This section shall not apply to any provision of any contract, covenant or agreement entered into prior to July 1, 1978.

Wis. Stat. § 895.447

1977 c. 441; Stats. 1977 s. 895.47; 1977 c. 447; Stats. 1977 s. 895.49; 2005 a. 155 s. 49; Stats. 2005 s. 895.447.

This section did not void an indemnity clause in a contract. Gerdmann v. U.S. Fire Insurance Co., 119 Wis. 2d 367, 350 N.W.2d 730 (Ct. App. 1984). This section did not void a subrogation waiver in a contract because the waiver did not limit or eliminate tort liability. "Tort liability" is the legal obligation or responsibility to another resulting from a civil wrong or injury for which a remedy may be obtained. The subrogation waiver in this case did not limit or eliminate the legal responsibility of the contractors to the property owner for the contractors' negligent acts. Instead, the subrogation waiver waived the property owner's right to recover damages from the contractors for their wrongful acts to the extent those damages were covered by a property insurance policy. Collection of damages does not equate with liability. Rural Mutual Insurance Co. v. Lester Buildings, LLC, 2019 WI 70, 387 Wis. 2d 414, 929 N.W.2d 180, 16-1837.