Generally enforceable

Wisconsin Liability Waiver Requirements

This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Wisconsin for specific guidance.

Key points

Wisconsin waiver law at a glance

Wisconsin courts enforce liability waivers for recreational activities. Wisconsin courts apply strict public policy tests to liability waivers. The Roberts test requires clear, specific language, and courts have struck down gym waivers as against public policy when presented on a take-it-or-leave-it basis.

Waivers must meet the Roberts test for enforceability

Wisconsin follows modified comparative negligence (51% bar)

Waivers must be clear, specific, and voluntarily signed

Drafting

Drafting considerations for Wisconsin

Follow the Roberts test requirements

Use clear, specific language about negligence

Ensure the waiver is fairly presented

Include assumption of risk provisions

FAQ

Frequently asked

Are liability waivers enforceable in Wisconsin?

Yes. Wisconsin courts apply the Roberts test: the waiver must be clear, unambiguous, and specifically reference the negligence being released.

Can I use a digital waiver in Wisconsin?

Yes. Wisconsin adopted UETA and recognizes electronic signatures under the federal ESIGN Act.

What is Wisconsin's Roberts test?

The Roberts test requires that a liability waiver clearly and specifically express the intent to release from negligence. General or vague language is insufficient.

Ready

Create ESIGN-compliant waivers for Wisconsin

WaiverDrop produces legally binding digital signatures with IP logging, timestamps, and full audit trails. Set up in 5 minutes.

Start free Browse templates