Wisconsin
How Black v. State of Michigan applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Torts.
In Wisconsin, the principles articulated in Black v. State of Michigan, particularly regarding the liability of state entities in negligence claims, align with the state's acknowledgment of governmental immunity. However, Wisconsin has exceptions where state entities can be held liable for negligence in certain situations.
Under Wisconsin law, specifically Wis. Stat. § 893.80, the state can be liable for negligence for injury caused by a defect in a roadway or public property, as long as the claimant’s loss is not the result of the state's discretionary functions.
The court held that a governmental entity can be liable under Wis. Stat. § 893.80 for failure to maintain public roads in a safe condition.
The court found that governmental immunity did not protect the city from liability when the injury was caused by a failure to inspect and maintain staircase railings.
This case established that while governmental immunity is generally applicable, there are exceptions when the state or municipalities engage in activities that are not discretionary.
Wisconsin's approach mirrors the federal doctrine of sovereign immunity, which protects the federal government from being sued without its consent. However, Wisconsin provides specific statutory exceptions for state liability that are more nuanced compared to federal immunity laws, which often afford broader protections.
Candidates preparing for the Wisconsin bar exam should focus on the nuances of governmental immunity under Wis. Stat. § 893.80, as well as significant state case law that illustrates exceptions to such immunity.