Wisconsin
How Driscoll v. City of New York applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Torts.
Wisconsin follows the principle of governmental immunity, similar to New York, but it has specific exceptions. Under Wisconsin law, public entities can be liable for tortious conduct if the activity involves proprietary functions or if an exception to immunity applies.
Wisconsin Stat. § 893.80 outlines the conditions under which a government entity can be held liable, primarily focusing on negligence in operational activities rather than discretionary functions.
The court held that a municipality can be liable for negligence in the maintenance of public property.
The court established that a city may be held liable for injuries arising from its failure to maintain safe streets.
The Wisconsin Supreme Court found that government entities are liable for defective property when a proprietary function is involved.
Wisconsin’s governmental immunity doctrine more restrictively limits the liability of public entities compared to federal standards under the Federal Tort Claims Act, which allows for broader claims against the government. Wisconsin has specific statutory exceptions where liability is not only permitted but defined.
Understanding the scope of governmental immunity and exceptions is crucial for the Wisconsin Bar Exam, particularly related to negligence and tort liability.