Building Not Safe-Place Law "place of employment" of Repairman
In 'Anthony v. Erie Insurance' (2009AP259), the plaintiff had
sued his landlord and a repairman for negligently repairing and
maintaining the property he rented, and for violation of the
Wisconsin Safe-Place Law, Wis. Stat. §101.11, alleging that he
sustained injuries when a handrail gave way and caused him to
fall down a stairwell. The defendants moved for summary judgment
on the safe place claim, arguing that the rental duplex was not
covered by the safe place statute. The defendants also brought a
motion to bar the plaintiff from introducing evidence relating
to defects in the design or construction of the handrail or
stairs, asserting that the construction statute of repose, Wis.
Stat. §893.89, precludes bringing an action against an owner or
occupier of real estate based on design defects to real estate
improvements more than ten years after the improvements were
made. The circuit court granted both motions and dismissed the
repairman, and the plaintiff appealed.
The court of appeals affirmed, holding that a building is not a
“place of employment” under Wis. Stat. §101.11 for purposes of
liability for a repairman solely because the repairman
occasionally makes repairs at the building.
