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Boyle's Wisconsin Safe-Place Law
Chapter Six: Actions
Wisconsin Rules of Civil Procedure, apropos Complaint in an action (including a safe-place action), provide as follows: "A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third party claim, shall contain (a) a short and plain statement of the claim, identifying the transaction, occurrence or event or series of transactions, occurrences, or events out of which the claim arises and showing that the pleader is entitled to relief and (b) a demand for judgment for the relief to which the pleader deems to be entitled ..." [2] Although a general averment of defendant's status and of negligence, and allegations of facts comprising the negligent act (and demand for relief) will probably suffice, it is deemed better practice -- in order to assure a "showing that, the pleader is entitled to relief" under safe-place law to allege such things as (i) nature of the place (place of employment or public building) or "employment", (ii) status of plaintiff as employee or frequenter, (iii) that such place (or employment) was not as safe as its nature reasonably permitted by reason of a condition for which defendant is responsible, (iv) that defendant had control, and (v) actual or constructive knowledge.
[2a]
A complaint, demanding judgment for damages sustained by plaintiff at a public bathing beach, and setting up one cause of action against the city for violation of the safe-place law, another against a lifeguard for negligence and a third against the municipal director of recreation for negligence, was held not subject to demurrer for improper joinder. [3]
Conversion Table Wis. 2d or Wis. to N.W. 2d or N.W.
2.
Sec. 802.02(1), Stats.
2a.
Eder v. Lake Geneva Raceway, Inc., 187 Wis. 2d 595, 523 N.W. 2d 429, 435 (Ct. App. 1994).
3.
Rogers v. Oconomowoc, 16 Wis. 2d 621 (1962).
Revised March 10, 2001
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