Parking Lot Where Employee Fell Wasn't 'Place of Employment'

A tenant's employee was injured when she slipped on a patch of ice while walking from the parking lot to the tenant's store. The employee sued the tenant, among others, arguing that it failed to protect her from the slippery condition or warn her of it. The tenant argued that since the parking lot wasn't part of its “place of employment,” it had no duty to keep the parking lot safe.

A Wisconsin appeals court dismissed the lawsuit against the tenant. The court said employers, like the tenant, have a duty to keep their place of employment safe for employees. But the evidence proved that the parking lot wasn't part of the tenant's place of employment: The owner—not the tenant—was responsible for maintaining the parking lot, including removing snow and ice. The parking lot was used by all center tenants and their employees and customers. And the fact that the tenant paid a share of the costs of maintaining the parking lot didn't give it control over the lot, the court added [Wendt v. United Government Services].