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Boyle's Wisconsin Safe-Place Law
Chapter One: Nature of Safe-Place Law
The highest duty placed by the common-law upon employers, owners of public buildings and owners of places of employment was to provide merely "a
reasonably safe place." [24]
And this duty was owed only to a select category of persons who might receive injuries on the premises. These persons were termed "invitees". An "invitee" is one who has been invited upon the premises, or whose invitation is legally implied by reason of his presence being of benefit to the invitor or for the mutual advantage of the parties. [25]
An employee was considered to be in the "invitee" class. [26]
The other common-law category of persons who might be at a place of employment or public building under circumstances other than to render them trespassers, was termed "licensee". A "licensee" is a person who is rightfully on the premises but merely for his own pleasure or
benefit. [27]
To such a person the employer or owner was liable only where "there is something on the premises in the nature of a trap which fact proximately caused the injury, or the licensor was guilty of active negligence." [28]
Violation of the common-law duty is implicit in every safe-place violation. [29]
It has been held that if there is no breach of the higher degree of care required in safe-place matters, there is no breach of the common-law duty. [30]
However where safe-place action fails on purely technical grounds, recovery might still be had at common-law.
Conversion Table Wis. 2d to N.W. 2d or N.W.
24.
Sparrow v. Menasha Paper Co., 154 Wis. 459, 463 (1913);
Rosholt v. Worden-Allen Co., 155 Wis. 168, 172 (1913);
Klemens v. Morrow Milling Co., 171 Wis. 614, 618 (1920);
Mullen v. Larson-Morgan Co., 212 Wis. 52, 56 (1933);
Tomlin v. Chicago, M., St. P. & P. R. Co., 220 Wis. 325, 329 (1936); Haefner v. Batz Seed Farms, Inc., 255 Wis. 438, 441 (1949);
Paepcke v. Sears Roebuck & Co., 263 Wis. 290 (1953);
see also
Muench v. Heinemann, 119 Wis. 441, 447 (1903)
and
Brady v. Chicago & N. W. R. Co., 265 Wis. 618, 621 (1954);
Zernia Capitol Court Corp., 21 Wis. 2d 164, 170d (1964): "Under the common law, the employer had only the duty of ordinary care...."
Carr v. Amusement, Inc., 47 Wis. 2d 368, 373 (1970);
Gould v. Allstar Ins. Co., 59 Wis. 2d 355, 361 (1973).
25.
Greenfield v. Miller, 173 Wis. 184, 188 (1921);
Campbell v. Sutliff, 193 Wis. 370, 372 (1927).
26.
La Duke v. Northern States Power Co., 256 Wis. 286,: 289 (1950).
27.
Greenfield v. Miller, 173 Wis. 184, 188 (1921);
Campbell v. Sutliff, 193 Wis. 370, 372 (1927).
28.
Greenfield v. Miller, 173 Wis. 184, 188 (1921).
29.
Lealiou v. Quatsoe, 15 Wis. 2d 128, 136 (1961).
30.
Merkley v. Schramm, 31 Wis. 2d 134, 142 (1966);
Balas v. St. Sebastian's Congregation, 66 Wis. 2d 421, 427 (1975).
Revised October 14, 2001
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