Safe Place Act – Unsafe Work Conditions

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WI Supreme Court

Case Name: Jose M. Correa , et al., v. Woodman’s Food Market

Case No.: 2020 WI 43

Focus: Safe Place Act – Unsafe Work Conditions

Mr. Jose Correa slipped on an unknown substance at a Woodman’s Food Market (“Woodman’s”), causing him to fall and sustain injuries. He says the substance caused an unsafe condition within the meaning of Wis. Stat. § 101.11 (2013-14), and that it was there long enough to give Woodman’s constructive notice of its existence. To prove how long the substance was on the floor, he introduced a security camera video showing the part of the store where he slipped and fell. Everyone agrees there is no evidence to prove when the substance was deposited on the floor and that it is not possible to actually see the substance in the video.

In this case we decide whether ascertaining the point in time at which an unsafe condition commenced is a sine qua non of constructive notice. We also decide whether the security camera video may support an inference that the substance was on the floor long enough to give Woodman’s constructive notice of its existence. We conclude that a plaintiff need not prove the exact moment the unsafe condition commenced, so long as the evidence is sufficient to prove it existed long enough to give the defendant constructive notice of its presence. We also conclude that a jury may infer from the security camera video in this case that the unsafe condition existed long enough to give the defendant constructive notice of its presence.

Reversed

Concur:

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.