Wis JI-Civil 8045

As the proprietor of a (tavern, etc.) who opens it to the public for his or her business

purposes, (proprietor) had a duty to use ordinary care to protect members of the public

while on the premises from harm caused to them by the accidental, negligent, or intentional

acts of third persons if by using ordinary care, he or she could have discovered that the acts

were being done or were about to be done, and he or she could have protected the (injured

patron) by controlling the conduct of the third person or by giving a warning adequate to

enable them (injured patron) to avoid harm. However, (proprietor) is not required to

guarantee the safety of patrons against injuries inflicted by other patrons on the premises.

(If the nature of the particular business is such that the proprietor should expect a

risk of harm to patrons by third persons, then he or she is under a duty to employ a

reasonably sufficient number of employees to afford a reasonable protection.)

(A person who assembles a number of people upon his or her property for financial

gain to himself or herself must use ordinary care to protect the individuals from injury from

causes reasonably to be anticipated. This duty requires that the proprietor furnish a

sufficient number of guards or attendants and take other necessary precautions to control

the actions of the crowd.)

(It is for you to determine whether the guards furnished or the precautions taken

were sufficient under all the circumstances.)