01-1715 Alvarado v. Oakbrook (57761)

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Plaintiff, who was cleaning an apartment for her employer, was injured while attempting to relight a gas stove pilot light with a firework, which she believed was a candle. Another employee had previously inspected the apartment, and a painting crew had found the firework and left it on a windowsill. We affirm summary judgment for the employer on plaintiff’s negligence claims.

It is now clear that what Wisconsin courts have previously done under the rubric “duty of care” is make public policy decisions, and now clear that “duty of care” issues ought to be resolved in the context of public policy analysis.

We stress that our holding is case-specific. This case involves a highly unusual cause of an injury to a cleaning person employed by a contractor. We do not hold that landlords have no obligation to assure that apartments are hazard-free prior to the time new tenants take occupancy. Neither do we suggest that landlords never have an obligation to search for hazardous materials.

Affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Bartell, J., Lundsten, J.

Attorneys:

For Appellant: Daniel W. Hildebrand, Madison; Donald J. Murphy, Monona

For Respondent: John A. Nelson, Milwaukee; Curtis C. Swanson, Madison; Arthur E. Kurtz, Madison; Timothy W. Feeley, Milwaukee