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Property Maintenance Under Wisconsin’s Statute of Repose

On January 26, 2024, Jeff Nichols and Kevin Landgraf obtained summary judgment in a personal injury case pending in Wood County. Plaintiff alleged that an unlevel drainage grate in a self-service car wash bay caused him to trip and fall, resulting in him hitting his head on the brick wall inside the car wash. The car wash was constructed in 1997, and the drainage grate was not altered or modified since the original construction. Plaintiff argued that our clients failed to maintain the grate since purchasing the car wash in 2020.

The Court concluded that the Statute of Repose barred Plaintiff’s claim, despite Plaintiff’s argument that the failure to maintain the premises is an exception to the Statute of Repose. The Court held that the unlevel grate is not a result of maintenance, and therefore no exceptions applied to the Statute of Repose.

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