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Boyle's Wisconsin Safe-Place Law
Chapter One: Nature of Safe-Place Law
(l) Domestic Service Partly Excluded
Employment of domestic help is excluded from the scope of safe-place law insofar as such employment does not involve the use of any mechanical power. [95]
However, safe-place law has been held to protect those employed in private domestic service where the use of mechanical power is involved. [96]
So where plaintiff was hired to do the family washing in the home of the defendants and with their washing machine, the defendant householders were considered to be subject to safe-place liability when plaintiff's hand became caught in the wringer of the washing machine. [97]
A like result was reached where a domestic servant, in the process of doing the family laundry, went into the vicinity of a motor which had a fly-wheel exposed and was injured when her clothing was caught in the fly-wheel. The motor in question supplied the power to operate the washing machine. [98]
The safe-place aspect of injury to private domestic help in the following situations is still an open question: (a) where injury is occasioned by a power driven mechanical device on the premises when the employment does not involve the use of mechanical power; (b) where injury is occasioned by a non-mechanical unsafe condition on the premises when the employment involves the use of mechanical power; and (c) injury when the employment involves use of electric, electronic or other non-mechanical power.
Conversion Table Wis. 2d or Wis. to N.W. 2d or N.W.
95.
Exception found in Wis. Stat. Sec. 101.01(2)(a) which defines place of employment", to-wit: "...but shall not include any place where persons are employed in private domestic service which does not involve the use of mechanical power..."
96.
Hahn v. Rothstein, 174 Wis. 381 (1921);
Beck v. Siemers, 174 Wis. 437 (1921);
Sache v. Mayer, 18 Wis. 2d 457 (1963).
But see Places Covered: Place of Employment, note 4 relative profit motive.
97.
Hahn v. Rothstein, 174 Wis. 381 (1921).
98.
Beck v. Siemers, 174 Wis. 437, 440 (1921): "It is also conc eded that the plaintiff ... was engaged in private domestic service which involved the use of mechanical power within the meaning of sec. 2394-41."
Revised October 20, 2001
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