The Court of Appeals District III held in this case that, under Wisconsin’s recreational immunity statute (Wis. Stat. § 895.52), a property owner is not liable for a hunter shot on his land.

John Marsh allowed plaintiff Patrick Humfeld – and several other individuals – to hunt on his property. Humfeld was shot by another hunter while both were hunting on Marsh’s property. Humfeld subsequently filed a lawsuit against Marsh and his insurer, State Farm, claiming negligence because Marsh did not properly monitor the hunters on his property. State Farm argued Marsh was not liable under recreational immunity.

Humfeld argued the social guest and profit exceptions made the recreational immunity inapplicable in this case. The social guest exception says that owners are liable for injuries to guests expressly invited for a specific occasion. The court held that the social guest exception did not apply here because Marsh gave Humfeld general permission to hunt on his property at any time. Marsh allowed several different people to hunt on his property, so he falls within the intent of the recreational immunity statute: to open private land to the public.

The profit exception says that owners are liable for injuries if they collect payments from those using their property for recreational activity. Although Marsh leased part of his land for hunting, the court held the profit exception did not apply in this case because Humfeld did not pay Marsh, nor was he hunting on the leased portion of the property.

Humfeld plans to appeal to the Supreme Court.