A Waiver to Prevent Tenants Suing For Falls?

A reader of the ApartmentAssoc Yahoo Group asks:

Has anyone ever had tenants sign a waiver that would prohibit them from suing a landlord in case of a fall?

In the process of creating such a provision you could make your entire lease unenforceable.  Below is the language from Chapter 704 of the Wisconsin Statues.  ATCP 134 contains similar prohibitions.

§704.44  Residential rental agreement that contains certain provisions is void. Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following:
…

(7) Imposes liability on a tenant for any of the following:

(a) Personal injury arising from causes clearly beyond the tenant’s control.

Of course you can point out they are liable for failing to do maintenance they agree to under a lease, such as shoveling walks and keeping the yard free of clutter, as long as the wording in your lease cannot be read in a manner that violates the above statute.