Liability and Recreational Use Immunity

10.14.2025

By:  Attorney Thomas J. Casey

If you are a landowner in Wisconsin and you are considering renting out your property for hunting, there are several important legal implications to understand.  Wisconsin law balances the rights of property owners with public safety concerns and recreational access standards.

  1. Liability and Recreation Use Immunity

Wisconsin law imposes a general duty of care on landowners to keep their property safe for all lawful visitors.  However, the Wisconsin Recreational Use Statute (RUS) provides limited liability protection for landowners who allow recreational activities, including hunting.  Under the statute:

  • Landowners are not liable for injuries that occur to recreational users unless they act with gross negligence or willful misconduct.
  • Liability typically arises when specific hazards are known to the landowner but not disclosed.

This makes it crucial for landowners to:

  • Inspect the property for hazards (e.g., unsafe tree stands, hidden holes, or damaged fences).
  • Warn hunters about known dangers.
  • Consider requiring hunters to sign a liability waiver as part of the rental agreement.

When hunting rights are rented out, the legal status of the occupants may change from “recreational user” to “invitee” under common law principles, which could expose the landowner to a higher standard of care unless protections are explicitly maintained through written agreements and waivers.

If landowners allow people to use their property for recreation (including hunting) in exchange for money or other consideration, and the landowner receives more than $2,000.00 in the year that someone is injured, the landowner does not get the benefits of the immunity described above.

  1. Insurance Considerations

When renting out hunting land, landowners should review their insurance policy to ensure they have adequate coverage.  Standard homeowners or farm insurance policies may not cover commercial activities like leasing land for hunting.  Landowners may need to purchase additional liability insurance or a specialized policy to protect against potential claims.  Some insurance policies tailored for hunting leases can cover:

  • Injuries to hunters or guests
  • Property damage caused by hunters
  • Legal defense costs in the event of a lawsuit
  1. Written Agreements and Waivers

To manage risk, Wisconsin landowners often use hunting lease agreements.  These agreements can include:

  • Duration of the lease (e.g., seasonal or year-round access)
  • Permitted activities (e.g., hunting only, no camping or ATV/UTV use)
  • Rules and restrictions (e.g., bag limits, firearm safety requirements, prohibited areas)
  • Liability waivers and indemnification clauses to limit the landowner’s exposure to legal claims. (These waivers are narrowly construed and may be limited in effect.)
  • Insurance requirements for hunters, if applicable
  1. Tax Implications

Income earned from renting out hunting land is generally taxable.  Landowners should keep detailed records of rental income and expenses related to maintaining the property, as some costs may be deductible.  Be sure to consult with a tax professional if there are questions.

Additionally, landowners enrolled in Wisconsin’s Managed Forest Law (MFL) program should be aware that leasing land for hunting may affect their eligibility for certain tax benefits.  The MFL program offers reduced property taxes in exchange for sustainable forest management, but commercial activities like hunting leases may require additional reporting or adjustments to the agreement.  Also, be aware that MFL land designated as “open” to public access must allow public hunting without restriction to the season or number of hunters, and without requiring additional permission from landowners.

  1. Summary

Renting out hunting land in Wisconsin can be a mutually beneficial arrangement for landowners and hunters, but it requires careful planning and attention to legal details.  By understanding liability risks, securing property insurance, using written agreements, and staying informed about tax implications, landowners can enjoy the benefits of leasing their land while minimizing potential downsides.

If you are considering renting out your hunting land, consulting with an attorney experienced in Wisconsin property law can help ensure your rights and interests are fully protected.