2005AP1557 Raymaker v. American Family Mutual Insurance Company (64593)

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“First, we reject the notion that the terms “lodging” or “occupancy” as used in the definition of public building are as broad as Raymaker suggests. If we subscribed to his interpretation, the safe place statute would apply not only to public buildings but to all private residences, including single family homes occupied by their owners….

“Moreover, if Raymaker’s interpretation were tenable, there would be no need for the legislature to have defined a public building in terms of a minimum number of tenants. When we analyze a statute, we avoid interpretations that would render parts of the statute superfluous.”

Further, where the landlord never had trouble with the ladder when he lived in the unit and plaintiff never expressed concern about the ladder’s safety even after inspecting it, the landlord never had notice of any defects in the ladder.

“We are therefore not convinced there was a violation of Wis. Stat. § 704.07(2)(a)3. However, assuming that a violation occurred, we would alternatively hold, as described in detail below, that a landlord’s violation of § 704.07(2)(a)3 does not impose strict liability or establish negligence per se.

And while Raymaker also argues that Wis. Stat. ch. 704 permits a private cause of action for a violation of the landlord’s duty to repair, we disagree. Rather, the exclusive remedy, provided in the statute, is rent abatement.”

Finally, even if the landlord breached the lease by failing to improve the ladder, plaintiff’s injuries were not the natural and probable results of that failure.

“In other words, there must be a degree of foreseeability. On this stipulated record, we conclude Raymaker’s injuries are not the natural and probable results of Thomson’s failure to improve the ladder. Given that Thomson had no prior problems, that Raymaker’s expert could not determine if a visual inspection would have indicated any needed repairs, and that Raymaker examined the ladder and nonetheless used it instead of asking for repairs, the record establishes conclusively that it was simply unforeseeable that the ladder would collapse and cause injury.”

Judgment and order affirmed.

Recommended for publication in the official reports.

Dist III, Brown County, Kelley, J., Hoover, P.J.

Attorneys:

For Appellant: Burnett, R. George, Green Bay;

For Respondent: Pless, Erik J., Green Bay