WI · jury_instructions
Wis JI-Civil 1002
Gas Company, Duty to Customer
The defendant gas company at the time and place in question had a duty to exercise
ordinary care in the manner in which it [inspected (gas pipes) (gas appliances)] [acted after
inspecting plaintiff's (gas pipes) (gas appliances)] [repaired plaintiff's (gas pipes) (gas
appliances)].
To conform to this standard, the care used must be commensurate with the dangerous
consequences which would be reasonably expected from a course of action or inaction. It is
common knowledge that natural gas, if not properly contained, is highly explosive and, if
permitted to escape, is highly dangerous. Therefore, greater caution and vigilance are
required in dealing with this commodity than are required in dealing with ordinary affairs of
life and business.
[Select the appropriate following paragraph.]
[If a gas company, such as the defendant, is notified by a customer of a claimed defect
in the customer's gas appliance, or in gas pipes leading from the company's meter, and the
company knows or should know that if such defect exists it would create a dangerous
condition, it is the duty of the gas company to make an inspection of the claimed defect
within a reasonable time after notification under all the circumstances then existing. If the
company fails to make a proper inspection within a reasonable time, it is negligent.]
[If, on inspection, a defect is found, and the company knows or should know that such
defect creates a dangerous situation, it is the duty of the company either to undertake repair
of the defect or to shut off the gas supply to enable the owner to have the (gas pipes) (gas
appliance) repaired. If the company fails to shut off the gas or to undertake repair of the
defective (gas pipes) (gas appliance), it is negligent.]
[If the company undertakes repair of the defective (gas pipes) (gas appliance), it must
conduct such repair operations in a careful, workmanlike manner and within a reasonable
time; failure to so repair is negligence.]
History
Wis JI-Civil 1002 (1989). ©1989, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0d9c7b16a3c693506a11878b9086351fc5d31db3d3bdaee7439134683e3e9784
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