Antoniewicz and Wife, Respondents v. Reszczynski and Another, Appellants

Summary

The Wisconsin Supreme Court, reviewing an order overruling a demurrer, abolished the common-law distinction between licensees and invitees in premises-liability law and held that land occupiers owe all consent-based entrants a single duty of ordinary care under the circumstances. The court expressly declined to alter the landowner's immunities with respect to trespassers, reserving that question. The new ordinary-care standard was applied to the defendant but made prospective only, affecting injuries occurring after the date of the mandate. Justice Hansen dissented, joined by Justices Hanley and Hansen, arguing that the balancing of host-guest duties should be left to the legislature rather than accomplished by judicial edict.