LRBs0110/3
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1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 325
August 24, 1999 - Offered by Representative Albers.
AB325-ASA1,1,3 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB325-ASA1, s. 1 4Section 1. 81.15 of the statutes is amended to read:
AB325-ASA1,2,14 581.15 Damages caused by highway defects accumulation of snow or
6ice
; liability of city, village, town and county. If damages happen to any person
7or his or her property by reason of the insufficiency or want of repairs of any highway
8which any town, city or village is bound to keep in repair, the person sustaining the
9damages has a right to recover the damages from the town, city or village. If the
10damages happen by reason of the insufficiency or want of repairs of a highway which
11any county by law or by agreement with any town, city or village is bound to keep in
12repair, or which occupies any land owned and controlled by the county, the county is

1liable for the damages and the claim for damages shall be against the county. If the
2damages happen by reason of the insufficiency or want of repairs of a bridge erected
3or maintained at the expense of 2 or more towns the action shall be brought against
4all the towns liable for the repairs of the bridge and upon recovery of judgment the
5damages and costs shall be paid by the towns in the proportion in which they are
6liable for the repairs; and the court may direct the judgment to be collected from each
7town for its proportion only. The amount recoverable by any person for any damages
8so sustained shall not exceed $50,000. The procedures under s. 893.80 shall apply
9to the commencement of actions brought under this section.
No action may be
10maintained against a city, village, town or county to recover damages for injuries
11sustained by reason of an accumulation of snow or ice upon any bridge or highway,
12unless the accumulation existed for 3 weeks. Any action to recover damages for
13injuries sustained by reason of an accumulation of snow or ice that has existed for
143 weeks or more upon any bridge or highway is subject to s. 893.80.
AB325-ASA1, s. 2 15Section 2. 81.17 of the statutes is repealed.
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