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Wisconsin law

Premises Liability Laws in Wisconsin.

Wisconsin premises-liability law abolished the traditional invitee/licensee/trespasser distinctions in Antoniewicz v. Reszczynski (1975), replacing them with a unified reasonable-care standard toward all lawful entrants. The statute of limitations is 3 years (Wis. Stat. § 893.54). Wisconsin applies modified comparative fault (51% bar) under Wis. Stat. § 895.045. Wisconsin's "Safe-Place Statute" (Wis. Stat. § 101.11) imposes a heightened duty on owners of public buildings and places of employment — creating effectively strict liability for structural defects.

Last verified: 2026-04-20

State law

Statute of Limitations

3-year limitation for personal-injury claims, including premises liability — running from discovery of the injury.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Wis. Stat. § 895.045

Wisconsin applies modified comparative fault. A plaintiff whose fault is greater than the combined fault of all defendants (i.e., more than 50%) is barred from recovery. Otherwise, damages are reduced in proportion to the plaintiff's fault.

State law

Key Wisconsin Statutes

Safe-Place StatuteWis. Stat. § 101.11

Wisconsin's distinctive Safe-Place Statute — imposes a heightened duty of safety on owners of public buildings and places of employment. Often produces liability for structural conditions that common-law negligence would not reach.

Recreational Use ImmunityWis. Stat. § 895.52

Wisconsin's recreational-use statute — limits landowner liability to persons using the land for recreational purposes without fee, absent a malicious act or failure to warn of an unsafe condition on the property.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wisconsin.

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