Boyle's Wisconsin Safe-Place Law



Chapter Three: Persons Liable

Persons liable under safe-place law are: (A) employers, (B) owners of public buildings, and (C) owners of places of employment. [1] Fellow employees and third persons do not sustain safe-place liability. [2] Exempted from category of owner (and probably employer) are persons who gratuitously permit their premises to be used by others for recreational activity. [3]


Conversion Table Wis. 2d or Wis. to N.W. 2d or N.W.

1. Wis. Stat. Sec. 101.11; Naaj v. Aetna Ins. Co., 218 Wis. 2d 121, 579 N.W. 2d 815, 817 (Ct. App. 1998). As to architects, see that heading infra.

2. As to fellow employee -- Salus v. Great Northern R. Co., 157 Wis. 546 (1914); Van Dinter v. Worden-Allen Co., 158 Wis. 579 (1914); Deaton v. Unit Crane & Shovel Corp., 265 Wis. 349 (1953); L. G. Arnold v. Ind. Comm., 267 Wis. 521 (1954); see also footnotes 5 and 6, infra. As to third person -- La Duke v. Northern States Power Co., 256 Wis. 286 (1950). See discussion at "Negligent Acts Not Covered", Chapter 1, footnotes 72-80, supra. Safe-place statute does not apply to manufacturer by reason of its producing unsafe machine; Yaun v. Allis-Chalmers Mfg. Co., 253 Wis. 558, 568 (1948).

3. Sec. 29.68, Stats. See Copeland v. Larson, 46 Wis. 2d 337 (1970) where use of premises is for "valuable consideration".


Revised May 7, 2001

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