Wisconsin
How Bishop v. City of New York applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Torts.
In Wisconsin, the principles from Bishop v. City of New York regarding the liability of governmental entities and the application of negligence standards follow the Wisconsin state statutes and case law principles, which emphasize the duty of care and the criteria for governmental immunity. The state closely examines the nature of the governmental function involved when determining liability.
Under Wisconsin law, governmental entities can be held liable for torts unless they are engaged in a discretionary function, where they are immune from suit as outlined in Wis. Stat. § 893.80.
The court held that a governmental entity can be liable if the act causing harm is ministerial rather than discretionary.
The Wisconsin court ruled that a city's failure to address a known dangerous condition could invoke liability if appropriate measures were not taken.
The court determined that exempting a city from liability requires a clear connection to a governmental function covered by immunity.
Wisconsin adopts a similar approach to that seen in federal cases regarding governmental immunity; however, Wisconsin places a greater emphasis on the distinction between discretionary and ministerial acts. This state-specific nuance affects how cases such as Bishop are analyzed, especially regarding local government liability.
Students preparing for the Wisconsin bar exam should be familiar with the standards for governmental immunity and the exceptions that may apply, as these topics frequently arise in torts questions.