New Wisconsin Supreme Court Decision Takes a Broad View of Employer Liability for Injuries to a Contractor’s Employees 

Introduction

If your business hires on-site independent contractors, a new Wisconsin Supreme Court decision should be on your radar. The Court’s April 2026 ruling in Lorbiecki v. Pabst Brewing Company takes a broad view of when employers can be held liable for injuries to a contractor’s employees—even when the employer had no say in how the work was performed.

The ruling turns on Wisconsin’s “safe place” statute (Wis. Stat. § 101.11), one of the most protective workplace safety laws in the country. The statute requires employers and property owners to maintain their buildings and workplaces in a safe condition—not just for their own employees, but also for “frequenters,” a category that includes employees of independent contractors working on the premises.

The Pabst Brewing Story

In the 1970s, Pabst Brewing Company hired an outside contractor to perform piping work at its Milwaukee brewery. Gerald Lorbiecki, a steamfitter employed by that contractor—not by Pabst—spent months removing and replacing pipes that were insulated with asbestos. The work required hammering, chiseling, and cutting the insulation off pipes by hand, sending clouds of asbestos dust into the air. Pabst knew its brewery contained “many miles” of asbestos-insulated pipe and was aware as early as 1971 that airborne asbestos caused serious illness. Yet, the company did not take steps to warn workers, require protective measures, or remediate the asbestos. As late as 1986, Pabst was cited by OSHA for broken asbestos insulation in the brewery.

Decades later, in 2017, Lorbiecki was diagnosed with mesothelioma—a deadly cancer caused by asbestos exposure. He sued Pabst, among others, and a jury found the company liable under the safe place statute, awarding both compensatory and punitive damages. The total judgment against Pabst exceeded $6.9 million.

On April 15, 2026, the Wisconsin Supreme Court largely upheld the verdict. The Court’s reasoning rested on three key conclusions:

• The usual rule that property owners/employers are not liable for injuries to a contractor’s employees does not apply to safe place statute claims. The statute’s protections override that general rule.

• Even though Pabst did not control how Lorbiecki did his work, the company retained enough control over its premises to be held liable. The Court pointed to Pabst’s ownership of the brewery, its daily inspections, its safety requirements for contractors, and its requirement that contractors notify Pabst before welding or cutting.

• The asbestos in the brewery’s pipes did not need to be airborne before the contractor arrived for Pabst to be liable. The Court held that a condition can give rise to liability if the property owner knows or should know that the contractor’s work will make it hazardous.

Two dissenting justices warned that this decision could effectively impose “a strict liability standard for building owners” and allow “plaintiffs to turn workplace injuries into safe-place violations without proving a level of control or that the hazard preexisted the contractor's arrival.”

What This Means for Your Business

Businesses that prioritize workplace safety should be well-positioned under this decision. Here are a few practical considerations to keep in mind:

• Extend your safety mindset to everyone on your premises—not just your own employees. Under the safe place statute, your duty to maintain a safe workplace covers independent contractors and their workers, too. Businesses that already treat contractor safety as part of their operations will find this is a natural extension of what they are already doing.

• Don’t assume that hiring an independent contractor relieves you of all responsibility. Even routine oversight—site inspections, safety protocols, notification requirements—can establish that you retain meaningful control over the premises. The best approach is to be intentional about that oversight: document your safety procedures, communicate known hazards, and ensure contractors have the information they need to work safely.

• Think ahead about how a contractor’s work may interact with conditions on your property. If you know—or reasonably should know—that certain work could create a hazard, taking proactive steps to address it before the work begins is both good practice and good risk management. A brief conversation with your contractor about potential risks can go a long way.

If you have questions about how this decision may affect your business, please contact:

• Chris Nickels: 414-277-5519  / chris.nickels@quarles.com
• Amanda Collins: (414) 277-3083 / amanda.collins@quarles.com