Boyle's Wisconsin Safe-Place Law

Chapter Six: Actions
    (d) Evidence
      (5) Presumptions
Where a safe-place violation exists, and an accident occurs which performance of the safe-place duty was designed to prevent, it is presumed that the damage resulted from such failure. [19] There is, however, no general presumption of safe-place violation merely because an accident happens. [20]

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

18. See Chapter 1, footnotes 140, 141; RTE Corp. v. ILHR Department, 88 Wis. 2d 283, 289 (1979).

20. See Chapter 1, footnote 63. But see Lang v. Findorff, 185 Wis. 545, 549: "The fact that the hoist collapsed raises a presumption that it was not safe." See also Frederick v. Hotel Investments, Inc., 48 Wis. 2d 429, 433 (1970): "... finding the piece of marble on the steps did not give rise to an inference that improper or defective materials were used in construction." Also footnotes following regarding res ipsa loquitur.

Revised July 6, 2000