Boyle's Wisconsin Safe-Place Law



Chapter Three: Persons Liable

    (e) Governmental Subdivisions
Municipalities and public or quasi-public corporations are expressly included in the statutory definition of "employer" [112] and of "owner" [113] and, therefore, are persons liable under safe-place law. The duty imposed is discretionary rather than ministerial. [113a] Such governmental subdivisions have sustained safe-place liability as owners of public buildings, [114] but not, as yet, in the capacity of employer. [115] It has been held that the State of Wisconsin is immune from safe-place liability under the doctrine of sovereignty -- despite the fact that "state" is mentioned in the statutory enumeration of persons deemed to be "employers" and "owners". [116] The federal government, as an employer, has escaped liability under the Wisconsin safe-place law; [117] but probably does sustain such liability as an owner. [118]

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

112. Sec. 101.01(2)(c), Stats.

113. Sec. 101.01(2)(i), Stats.

113a. Spencer v. County of Brown, 215 Wis. 2d 635, 573 N.W. 2d 222, 226 (Ct. App. 1997).

114. Heiden v. Milwaukee, 226 Wis. 92 (1937), where the court said [100]: "... The legislature fully intended that the safe-place law should apply to cities ["regardless of whether at a given time they are acting in a proprietary or governmental capacity"] and school districts."; Flesch v. Lancaster, 264 Wis. 234 (1953). See also Potter v. Kenosha, 268 Wis. 361, 374 (1955); Rogers v. Oconomowoc, 16 Wis. 2d 621 (1962); Henderson v. Milwaukee County, 198 Wis. 2d 748, 755, 543 N.W. 2d 544, 548 (Ct. App. 1995); Anderson v. Milwaukee, 199 Wis. 2d 419, 544 N.W. 2d 630 (Ct. App. 1996), rev'd on other grounds Anderson v. Milwaukee, 208 Wis. 2d 18, 559 N.W. 2d 563 (S. Ct. 1997).

115. See footnote 9, supra.

116. Holzworth v. State, 238 Wis. 63 (1941).

117. Presser v. Siesel Construction Co., 19 Wis. 2d 54, 64 (1963): "Prior to the construction work the Nike site was under the sole control of the (federal) government. It was not then a place of employment because no persons were employed for profit." Contra: American Exch. Bank of Madison v. United States, 257 F.2d 938 (C.A. 7th, 1958), and O'Melia v. United States, 195 F. Supp. 174 (E.D. Wis., 1961).

118. American Exch. Bank of Madison v. United States, 257 F. 2d 938 (C.A. 7th, 1958) where Court of Appeals held that the federal government was liable for damages resulting from its violation of the Wisconsin Safe-Place Statute by reason of the Federal Tort Claims Act, 28 U.S.C.A. 2674; also 28 U.S.C.A. 1346(b). See also O'Melia v. United States, 195 F. Supp. 174 (E.D. Wis., 1961).


Revised May 8, 2001

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