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Wisconsin State “Safe Place Law”

April 2010

Wisconsin Statute §101.11 imposes a heightened duty on employers and owners of places of employment and public buildings to construct, repair, and maintain buildings safely.  The statute has been invoked to focus on unsafe building conditions (e.g., structural defects) versus negligent actions, although the distinction between the two is not always clear.  The Safe Place Law is not limited to employees but also protects “frequenters” of covered premises.  Such class of persons includes individuals entering places of employment or public buildings “... under circumstances which render such person other than a trespasser”.

Generally, workers compensation serves as an exclusive remedy for employees as against employers.  However, where an employer’s breach of duty pursuant to Section 101.11 causes an employee injury, that employee’s compensation “shall be increased 15%.”  This total increase cannot exceed $15,000.

See Wis. Stat. § 101.01 and §102.57; Barry v. Emplrs. Mut. Cas. Co., 2001 WI 101, P24 (Wis. 2001); Gross v. Denow, 61 Wis. 2d 40 (Wis. 1973) ; Howard H. Boyle, Jr., Wisconsin Safe-Place Law Revised (1980).

Caps on Noneconomic Damages for Medical Malpractice Cases Found Unconstitutional in Illinois and Georgia

March 2010

In Lebron vs. Gottlieb Memorial Hospital et al., decided February 2010, the Illinois Supreme Court struck down the third attempt of the state’s legislature to impose caps on noneconomic damages.  The majority held that non-economic damages in medical malpractice actions violated the state constitution’s separation of powers clause.  In Atlanta Oculoplastic Surgery, P.C. v Nestlehutt et al., decided March 2010, the Georgia Supreme Court held that the legislature’s attempt to codify non-economic damages caps in medical malpractice cases was unconstitutional.  Chief Justice Hunstein, writing for the Court, concluded that, “[t]he very existence of the caps, in any amount, is violative of the right to trial by jury.”

Fatal Occupational Injuries

February 2010

The Bureau of Labor Statistics reports that approximately 3.6 fatal work injuries occur per 100,000 workers. The latest survey data, which was collected in 2008, revealed fatalities in the construction injury accounting for 19% of all occupational deaths. The transportation and warehousing industry accounted for 15%. The agricultural, fishing, forestry, and hunting industry accounted for 13%.

Fatal accidents were most often caused by “transportation incidents,” which include vehicle accidents, railway accidents, boating transportation accidents, and aircraft accidents. Other accidents were caused by being caught in equipment, falling from scaffolding, making contact with electrical currents, and being exposed to toxins. For further information, visit the Bureau’s website at http://www.bls.gov

Future Vaccine for Mesothelioma?

February 2010

The American Thoracic Society reported in February 2010 that researchers are studying the use of autologous dendritic cells to induce a T-cell response against mesothelioma tumors.  Preliminary findings reveal that this procedure is feasible and capable of inducing immunological response in tumor cells. For further information, visit the American Thoracic Society’s website at http://www.thoracic.org

Washington State Legislature Considering Proposed Change in Wrongful Death Statutes

February 2010

Currently, parents lose their rights to pursue wrongful death damages for the unjust death of a child aged 18 or older unless the parents can show they were economically dependent on the deceased. The state legislature is considering a statutory amendment that would make this loss to the family unit an issue for the jury to decide based on the full nature of the relationship, which would include consideration of emotional and psychological connections.

Traumatic Brain Injury Statistics

January 2010

The Center for Disease Control and Prevention (CDC) reports that over one and a half million Americans suffer from traumatic brain injury (TBI) annually. Motor vehicle-traffic injury is the leading cause of TBI-related death.  Falls result in the greatest number of TBI-related hospital visits.  For further information, visit the CDC’s website at http://www.cdc.gov

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