11/28/10 11:54 PM Boyle's Wisconsin Safe-Place Law

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Boyle's Wisconsin Safe-Place Law
Because of a possible new print version of the book,
the on-line text has not yet been revised to incorporate the following cases:
Binsfeld v. Conrad
Megal v. Green Bay Area Visitor & Convention Bureau, Inc.
Time Warner, Inc. v. St. Paul Fire and Marine Ins. Co., 2001 WI App 174
Hofflander v. St. Catherine's Hospital, Inc., 2001 WI App 204, aff'd in part,
rev'd in part,
Hofflander v. St. Catherine's Hospital, Inc., 2003 WI 77
Barry v. Employer's Mutual Casualty Company, 2001 WI 101
There is a limited supply of the existing print version available through John
A. Becker.
Send corrections, comments, or suggestions about this on-line edition to
Terrence Berres.
Contents
Chapter One: Nature of Safe-Place Law [pp. 1-55]
(a) What Is Safe-Place Law [p. 1]
(b) Areas Covered [p. 1]
(c) Persons Liable [p. 1]
(1) Generally [p. 1]
(2) Nondelegability of Duty [pp. 1-4 and Pocket Part]
(d) Persons Protected [p. 4]
(e) Source of Law [pp. 4-8 and Pocket Part]
(f) Effective Date [p. 9]
(g) Legislative History [pp. 9-14]
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(h) Inducement for the Law [pp. 14-17]
(i) Effect of Law [pp. 17-39]
(1) Not Cause of Action [pp. 17-18 and Pocket Part]
(2) Common-Law Duty [pp. 18-20]
(3) Safe-Place Duty [pp. 20-23]
(4) Degree of Safe-Place Duty [pp. 24-27]
(5) Limits of Duty [pp. 27-36]
(6) Negligent Acts Not Covered [pp. 37-39 and Pocket Part]
(j) Interstate Commerce Excluded [p. 40]
(k) Farming Excluded [pp. 41-44]
(l) Domestic Service Partly Excluded [pp. 44-45]
(m) Department of Industry, Labor and Human Relations [pp. 46-54]
(n) Rules of Construction [pp. 55-57]
(o) Insurance Coverage [pp. 57-58 and Pocket Part]
(p) Worker's Compensation Act [pp. 58-60]
(q) Causation [pp. 60-64]
Chapter Two: Places Covered [pp. 65-88]
(a) Place of Employment [pp. 65-76 and Pocket Part]
(b) Public Building [pp. 77-88]
Chapter Three: Persons Liable [pp. 89-137]
(a) Employer [pp. 89-106]
(1) Who Is Employer [pp. 89-93 and Pocket Part]
(2) Extent of Employer Duty [pp. 94-106 and Pocket Part]
(b) Owner [pp. 106-121]
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(1) Who Is Owner [pp. 106-109 and Pocket Part]
(2) Extent of Owner of Public Building Duty [pp. 109-117 and Pocket
Part]
(3) Extent of Owner of Place of Employment Duty [pp. 117-121]
(c) Independent Contractor [pp. 121-123]
(d) Landlord and Tenant [pp. 123-131 and Pocket Part]
(e) Governmental Subdivision [pp. 132-133]
(f) Religious and Charitable Organizations [pp. 133-134]
(g) Owner of Recreational Premises [pp. 134-137 and Pocket Part]
(h) Architects and Builders [pp. 135-137 and Pocket Part]
Chapter Four: Conditions Covered [pp. 139-167]
(a) Structural Defects; Examples [pp. 139-143]
(b) Conditions Associated with the Structure; Examples [pp. 143-150]
(c) Conditions Unassociated with the Structure; Examples [pp. 150-157]
(d) Notice or Knowledge of Defect [pp. 157-167 and Pocket Part]
Chapter Five: Persons Protected [pp. 169-184]
(a) Employee [pp. 170-171]
(b) Frequenter [pp. 171-178]
(c) Respective Protection Afforded [pp. 178-180]
(d) Trespasser [pp. 180-184]
Chapter Six: Actions [pp. 185-238]
(a) Statute of Limitations [p. 185]
(b) Pleading [pp. 185-186]
(c) Burden of Proof [pp. 186-188]
(d) Evidence [p. 188]
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(1) Customary Methods, Standard Practice [pp. 188-191]
(2) Subsequent Precaution [pp. 191-192]
(3) Prior Accidents [pp. 192-193 and Pocket Part]
(4) Expert Opinion [pp. 193-194]
(5) Presumptions [pp. 194-195]
(6) Res lpsa Loquitur [pp. 195-197]
(7) Not As Safe As Could Be [pp. 197-199]
(8) Occupational Safety & Health Act of 1970 [p. 199]
(e) Assumption of Risk; Exculpatory Contracts [pp. 199-201]
(f) Contributory Negligence [pp. 202-212 and Pocket Part]
(1) Generally [pp. 202-212 and Pocket Part]
(2) Comparison of Negligence [pp. 213-215 and Pocket Part]
(g) Distinction between Assumption of Risk and Contributory Negligence
[pp. 215-219]
(h) Jury [pp. 220-222 and Pocket Part]
(i) Verdict [pp. 222-226]
(j) Instructions [pp. 226-238]
Appendix [pp. 243-427]
Resume of Cases subsequent to pp. 243-372 and Pocket Part
Conversion Table [pp. 373-376]
[Table of Cases pp. 377-406 (not in hypertext edition)]
[Index pp. 407-427 (not in hypertext edition)]
Adapted from
Wisconsin Safe-Place Law Revised (1980), and its supplementary pocket part
(1987),
by Howard H. Boyle, Jr.
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Printed by
L. Breithaupt Printing Corp.
3889 North First Street
Milwaukee, Wisconsin 53212-1295
1980, 1987, by Howard H. Boyle, Jr., 1999-2002 by Elizabeth A. Boyle, all
rights reserved.
This work is intended as an aid to the legal profession in Wisconsin.
Permission, therefore, is given to freely use any portion hereof in preparing
and presenting a client's cause.
Updated hypertext by Terrence Berres.
Revised March 13, 2006.
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