LRB-2091/1
TNF:jld:cph
2003 - 2004 LEGISLATURE
April 8, 2003 - Introduced by Representatives Albers, Gronemus, Freese,
Gottlieb, Grothman, Hahn, Hines, Ladwig, LeMahieu, Loeffelholz, M.
Lehman, Musser, Owens, Turner, Weber and Stone, cosponsored by Senators
Schultz, Breske, Stepp, Welch and
Wirch. Referred to Committee on Urban
and Local Affairs.
AB255,1,3
1An Act to repeal 81.17; and
to amend 81.15 of the statutes;
relating to:
2liability of cities, villages, towns, and counties for damages caused by an
3insufficiency or want of repair of a highway.
Analysis by the Legislative Reference Bureau
Under current law, cities, villages, towns, and counties are immune from claims
arising out of the performance of a discretionary duty, or duty that requires a
governmental entity to use judgment or discretion in carrying out the duty. Cities,
villages, towns, and counties are liable for damages of up to $50,000 arising out of
the performance of a nondiscretionary duty.
Also under current law, cities, villages, towns, and counties are liable for
damages of up to $50,000 to a person or property resulting from an insufficiency or
want of repair of a highway, which includes shoulders, sidewalks, and bridges.
Cities, villages, towns, and counties are also liable for damages resulting from the
accumulation of snow or ice that has existed on a highway for at least three weeks.
The Wisconsin Supreme Court in Morris v. Juneau County, 219 Wis. 2d 544
(1998), held that the statutory provision imposing liability on cities, villages, towns,
and counties for highway defects is an exception to the more general provision
granting immunity to cities, villages, towns, and counties from liability arising out
of the performance of discretionary duties.
Finally, under current law, if the negligence or deliberate wrongdoing of a
person contributes to the creation of a highway defect that results in damages to a
person or property, the negligent or wrongdoing person is primarily liable and the
city, village, town, or county is secondarily liable only if the negligent person or the
person who committed the wrong does not satisfy the judgment, and the city, village,
town, or county is otherwise liable for the damages.
This bill eliminates the specific immunity exception under which cities,
villages, towns, and counties may be held liable for an insufficiency or want of repairs
of a highway. This bill does not affect the immunity exception under which cities,
villages, towns, and counties may be held liable for damages of up to $50,000 for the
accumulation of snow or ice that has existed on a highway for at least three weeks.
The bill also eliminates secondary liability for cities, villages, towns, and
counties.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB255, s. 1
1Section
1. 81.15 of the statutes is amended to read:
AB255,3,8
281.15 Damages caused by highway defects accumulation of snow or
3ice; liability of city, village, town, and county. If damages happen to any person
4or his or her property by reason of the insufficiency or want of repairs of any highway
5which any town, city or village is bound to keep in repair, the person sustaining the
6damages has a right to recover the damages from the town, city or village. If the
7damages happen by reason of the insufficiency or want of repairs of a highway which
8any county by law or by agreement with any town, city or village is bound to keep in
9repair, or which occupies any land owned and controlled by the county, the county is
10liable for the damages and the claim for damages shall be against the county. If the
11damages happen by reason of the insufficiency or want of repairs of a bridge erected
12or maintained at the expense of 2 or more towns the action shall be brought against
13all the towns liable for the repairs of the bridge and upon recovery of judgment the
14damages and costs shall be paid by the towns in the proportion in which they are
15liable for the repairs; and the court may direct the judgment to be collected from each
1town for its proportion only. The amount recoverable by any person for any damages
2so sustained shall not exceed $50,000. The procedures under s. 893.80 shall apply
3to the commencement of actions brought under this section. No action may be
4maintained
against a city, village, town, or county to recover damages for injuries
5sustained by reason of an accumulation of snow or ice upon any bridge or highway,
6unless the accumulation existed for 3 weeks.
Any action to recover damages for
7injuries sustained by reason of an accumulation of snow or ice that has existed for
83 weeks or more upon any bridge or highway is subject to s. 893.80.
AB255, s. 2
9Section
2. 81.17 of the statutes is repealed.
AB255,3,1211
(1) This act first applies to actions arising on the effective date of this
12subsection.
