(a) Structural Defects

Examples:

Defects in connection with steps are structural in nature where such steps do not have non-slip surface as required by ILHR Department orders, [3] where they lead to unsafe ground, [4] and where they are so located as not to be anticipated. [5] Absence of a handrail on stairways, where the same is required by safety orders, is a structural matter. [6] The defect would also be structural where a hole in a roof did not have a railing around it, [7] where a trap door did not have a railing around it, [8] where balcony rail was too low, [9] where false ceiling did not support person's weight, [10] where bleacher seat became unattached, [11] where a nail protruded from a floor, [12] where warehouse floor collapsed, [13] where a swimming pool was not constructed safe for swimmers, [14] where view-panel of school room door broke when pushed upon to open door, [15] and where building was not equipped with safety latches for window washer's harness. [16] In many cases it has been unnecessary for the court to determine whether the particular defect was structural in character because the duty of the particular defendant covered unsafe conditions other than structural. Had the issue been raised as to the following factual situations, holding of structural defect might well have been made: a loose angle iron (for support of electrical fixtures) attached to an I beam which gave way when a painter on a scaffold leaned on it for support, [17] a private railway crossing constructed at a place where brush obstructed view of approaching trains, [18] a railway switch so located that employee operating switch was in danger of being struck by approaching train, [19] an open steam pit, [20] and a projecting fire extinguisher at a turn in the corridor. [21] Generally any violation of industrial commission building code would amount to a structural defect. [22]

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

1. Holcomb v. Szymczyk, 186 Wis. 99, 104 (1925); Baldwin v. St. Peter's Congregation, 264 Wis. 626, 629 (1953); Frederick v. Hotel Investments, Inc., 48 Wis. 2d 429, 433 (1970): "A public building does not meet that standard of care if it is constructed of materials which render the structure unsafe."

2a. Barry, v. Employers Mutual Casualty Company, 2000 WI App 168 ¶ 12, 238 Wis. 2d 125, 133, 617 N.W. 2d 493, 497 (Ct. App. 2000), citing this treatise.

3. Candell v. Skaar, 3 Wis. 2d 544 (1958). Bobrowski v. Henne, 270 Wis. 173 (1955).

4. Hommel v. Badger State Inv. Co., 166 Wis. 235 (1917); Wilson v. Evangelical Luth. Church, 202 Wis. 111, 113 (1930): "The presence of steps may be very dangerous to frequenters of public places if they are in any way concealed from view."; Bunce v. Grand & Sixth Building, Inc., 206 Wis. 100, 102 (1931): "... It is not to be inferred ... that a step may not be dangerous if not concealed from view if it is in a place where its presence would not reasonably be anticipated."; Evans v. La Crosse Laundry & Cleaning Co., 251 Wis. 296 (1947); Helms v. Fox Badger Theatres Corp., 253 Wis. 113 (1948); Bradstrom v. Lasker Jewelers, 259 Wis. 366, 368 (1951): "In itself it [a step] does not violate the requirement of reasonable safety. It has been held to be such a violation where there were present factors which prevented the frequenter of the place from noticing the step, as where a door was interposed within a few inches of the step ..., or where a pronounced change in light occurred, ... where the purpose of the place was such that proprietors should expect frequenters to be inattentive to difference of levels in the absence of special warning ..."; Prelipp v. Wausau Memorial Hospital, 50 Wis. 2d 27 (1971).

6. Washburn v. Skogg, 204 Wis. 29 (1931); Allison v. Wm. Doerflinger Co., 208 Wis. 206 (1932); Burling v. Schroeder Hotel Co., 235 Wis. 403 (1940); Harnett v. St. Mary's Congregation, 271 Wis. 603 (1956). Cases where absence of handrails did not amount to safe-place violation are Schoonmaker v. Kaltenbach, 236 Wis. 138 (1940); Brown v. Gaulke, 194 Wis. 537 (1928); Stellmacher v. Wisco Hardware Co., 259 Wis. 310 (1951). Other defective handrail cases: Parchem v. St. Cecilia's Congregation, 28 Wis. 2d 227 (1965); Cossette v. Lepp, 38 Wis. 2d 392 (1968).

7. Umnus v. Wis. Pub. Service Corp., 260 Wis. 433 (1952).

8. Wannmacher v. Baldauf Corp., 262 Wis. 523 (1952).

9. Frion v. Coren, 13 Wis. 2d 300 (1961). Defective balcony railing did not constitute safe-place violation in Skrzypczak v. Konieczka, 224 Wis. 455 (1937).

10. Bellmann v. National Container Corp., 5 Wis. 2d 318 (1958).

11. Bent v. Jonet, 213 Wis. 635 (1934).

12. Kielar v. Fred Miller Brewing Co., 165 Wis. 237 (1917); see also Spote v. Aliota, 254 Wis. 403 (1949), involving loose boards on bowling alley runway which exposed nails when stepped on.

13. Saxhaug v. Forsyth Leather Co., 252 Wis. 376 (1948).

14. Flesch v. Lancaster, 264 Wis. 234 (1953); Rogers v. Oconomowoc, 24 Wis. 2d 308 (1964). See also Copeland v. Larson, 46 Wis. 2d 337 (1970); Gould v. Allstar Ins. Co., 59 Wis. 2d 355 (1973).

15. Anderson v. Joint School Dist., 24 Wis. 2d 580 (1964). See also Mlynarski v. St. Rita's Cong., 31 Wis. 2d 54Y 57 (1966): "Had respondent been inside the building (in circumstances other than those making her a trespasser) and been injured by falling against an allegedly defective window, suit unquestionably could have been brought under the safe-place statute,"

16. Gupton v. Wauwatosa, 9 Wis. 2d 217 (1960).

17. Frankovis v. Klug & Smith Co., 275 Wis. 156 (1957). However, the court's discussion of notice being required might indicate that it did not consider the defect as structural.

18. Bembinster v. Aero Auto Parts, 7 Wis. 2d 54 (1959). See following cases for public railroad crossing: Verrette v. Chicago & N. W. Ry., 40 Wis. 2d 20 (1968); Glomstead v. Chicago & N. W. Ry., 40 Wis. 2d 675 (1968).

19. Emberg v. Great Northern R. Co., 156 Wis. 396 (1914).

20. Lewko v. Chas. A. Krause Milling Co., 179 Wis. 83 (1922).

21. Tomlin v. Chicago, M., St. P. & P. R. Co., 220 Wis. 325 (1936).

22. See for instance Harnett v. St. Mary's Congregation, 271 Wis. 603 (1956). A baseball stadium which did not have net or other protection from foul balls around entire field was not clearly outside the scope of safe-place law in Powless v. Milwaukee County, 6 Wis. 2d 78 (1959). If such condition constitutes a safe-place violation, it would likely be structural defect.