Boyle's Wisconsin Safe-Place Law



Chapter Five: Persons Protected

The coverage of safe-place law is afforded to employees and to frequenters. [1] Trespassers are excluded from protection, [2] as are persons gratuitously on the premises for recreational purposes. [3] The categories "employee," "frequenter," "trespasser," and "recreant" are complete. Any person who sustains injury due to a safe-place violation falls into one of the same. Where safe-place recovery was denied a pedestrian on a city street who was injured when a glass block became dislodged from defendant's building, it was not because he was persona non grata but rather because the circumstances did not qualify for safe-place law protection. [4] Likewise as to a prisoner in the county jail, [5] and students at school. [6]


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

1. Sec. 101.01(2)(g), Stats.: "The term 'safe' or 'safety' as applied to an employment or a place of employment or a public building, shall mean such freedom from danger to the life, health, safety or welfare of employes or frequenters, or the public, or tenants, or firemen, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit." (Italics added) Designation of "the public, or tenants, or firemen" is merely descriptive of some of the persons who fall in the "frequenter" category.

2. See heading "Trespasser", infra.

3. Sec. 29.68, Stats.

4. Delaney v. Supreme Investment Co., 251 Wis. 374 (1947).

5. Flynn v. Chippewa County, 244 Wis. 455 (1944). But see Lealiou v. Quatsoe, 15 Wis. 2d 128 (1961).

6. Juul v. School District, 168 Wis. 111 (1918); Srnka v. Joint District No. 3, 174 Wis. 38 (1921); Kirchoff v. Janesville, 255 Wis. 202 (1949); Mlynarski v. St. Rita's Cong., 31 Wis. 2d 54 (1966) where plaintiff injured by falling into defective window of public building, but recovery denied because she fell into window from outside, rather than inside, building; Copeland v. Larson, 45 Wis. 2d 337 (1970).


Revised June 15, 2000

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