Barry v. Employers Mutual Casualty Co.

¶1. This case arises under Wisconsin's safe place statute, Wis. Stat. § 101.11 (1995-96), 1 and raises the question of whether a loose stairway nosing that caused the plaintiff to fall down a flight of stairs on the defendant's property constituted a "structural defect" or an "unsafe condition associated with the structure." If it was a "structural defect" the property owner is liable under the statute regardless of whether it had notice of the defect. If it was an "unsafe condition associated with the structure" the property owner is liable only if it had actual or constructive notice of the…