Does the recreational immunity statute, Wis. Stat. § 895.52, protect a municipality from liability which might arise from an injury that occurs on municipal property when the injured person paid a fee to the municipality to use the municipal facility?
Generally speaking, the answer is yes. The recreational immunity statute would, for example, protect a municipality from liability when a person is injured at a municipal swimming pool and that person paid an admission fee to use the pool. The recreational immunity statute does not protect against liability, however, when a death or injury occurs on municipal property at any event for which the municipality charges an admission fee for spectators. Wis. Stat. § 895.52(4)(a). (rev. 08/21)