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Wis. Stat. § 895.049

Recovery by a person who fails to use protective headgear while operating certain motor vehicles

Applied in 1 court decision — leading case Hardy v. Hoefferle (2007)

Most recently applied in Hardy v. Hoefferle (November 2007)

2003 a. 148; 2011 a. 208; 2015 a. 170

Notwithstanding s. 895.045, failure by a person who operates or is a passenger on a utility terrain vehicle, as defined in s. 23.33 (1) (ng), a motorcycle, as defined in s. 340.01 (32), an allterrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, to use protective headgear shall not reduce recovery for injuries or damages by the person or the person’s legal representative in any civil action. This section does not apply to any person required to wear protective headgear under s. 23.33 (3g), 23.335 (8)

(a) or (b), or 347.485 (1).

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.