Torts — independent contractors — inherently dangerous activities

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Wisconsin Supreme Court

Civil

Torts — independent contractors — inherently dangerous activities

A property owner is liable for negligence of an independent contractor hired to spray herbicides.

“The record contains uncontroverted evidence that the chemical used here is capable of killing 56 ‘woody plant’ species, including oak, birch, poplar and maple trees. It therefore poses a ‘naturally expected risk of harm’ to trees on neighboring properties. The record also contains undisputed testimony and exhibits showing that it is possible to reduce that risk by taking precautions. Therefore, both parts of the inherently dangerous test are satisfied, and we agree with the court of appeals that under Wisconsin law, under these circumstances, ‘spraying the herbicides was an inherently dangerous activity, and, as a result, the general rule of nonliability for an independent contractor’s torts did not apply.’”

Affirmed.

2012AP2085 Brandenburg v. Briarwood Forestry Services, LLC

Crooks, J.

Attorneys: For Appellant: Arndt, Daniel C., Sparta; Ruud, Emily Eleanor, Sparta; For Respondent: Terwilliger, W. Thomas, Wausau; Burnett, Timothy J., Wausau