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The court provides the answer to this question verbatim: \u201cWisconsin has long followed the minority view of duty set forth in the dissent of Palsgraf v. Long Island Railroad. Rockweit v. Senecal<\/em>, 197 Wis.2d 409, 419\u201320 (1995). In that dissent, Judge Andrews explained that \u201c[e]veryone owes to the world at large the duty of refraining from those acts that may unreasonably threaten the safety of others.\u201d Palsgraf v. Long Island R.R. Co.<\/em>, 248 N.Y. 339, 162 N.E. 99, 103 (1928) (Andrews, J., dissenting).<\/p>\n\n

Alvarado<\/em> adopts a broad reading of Palsgraf\u2019s<\/em> dissent by grounding duty in foreseeability: \u201cIn Wisconsin a duty to use ordinary care is established whenever it is foreseeable that a person\u2019s act or failure to act might cause harm to some other person. [c] Under the general framework governing the duty of care, a \u201c\u2018person is not using ordinary care and is negligent, if the person, without intending to do harm does something (or fails to do something) that a reasonable person would recognize as creating an unreasonable risk of injury or damage to a person or property.\u2019\u201d [c] (quoting Wis JI\u2014Civil 1005).<\/p>\n\n

Alvarado<\/em> builds on and extends Justice Andrews\u2019 dissent by clarifying that duty \u201cis nothing more than an \u201cingredient in the determination of negligence.\u201d\u201d Id.<\/em> at *82. Duty is used, in Wisconsin, to assist in a finding of liability or lack thereof. After <\/em>a duty\u2019s breach has been found to have caused harm, then \u201ca finding of nonliability can be made only in terms of public policy.\u201d Id. <\/em>Rather than using public policy in order to determine whether<\/em> a duty exists, in Wisconsin the question of public policy is distinct from, and analytically after, duty analysis. (\u201c[I]n Wisconsin, common law limitations on liability are determined not by reference to the absence of a duty, but as a matter of public policy.\u201d Id.<\/em> at 90-91.)<\/p>\n"},"library":"H5P.AdvancedText 1.1","subContentId":"7a3ca9b2-ac26-42a4-92b1-b0ef656d1b98","metadata":{"contentType":"Text","license":"U","title":"Untitled Text"}},"title":"Reveal the answer"}],"hTag":"h2"}

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