Wisconsin Statutes
Wis. Stat. § 196.64 (2026)
Public utilities, liability for treble damages
✓ current as of July 2026
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196.64(1)(1) If a director, officer, employee or agent of a public utility, in the course of the discharge of his or her duties, willfully, wantonly or recklessly does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197, or willfully, wantonly or recklessly fails to do any act, matter or thing required to be done under this chapter, the public utility shall be liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. No recovery as in this section provided shall affect a recovery by the state of the penalty prescribed for such violation.
196.64(2)(2) The burden of proof in an action under sub. (1) rests with the person injured to prove the case by clear and convincing evidence.
196.64 AnnotationA treble damage claim is no longer a separate cause of action because gross negligence is to be compared like all other negligence. Kania v. Chicago & North Western Railway Co. 57 Wis. 2d 761, 204 N.W.2d 681 (1973).
196.64 AnnotationAn award of treble damages does not require proof of willful, wanton, or reckless behavior. This provision is constitutional. Peissig v. Wisconsin Gas. Co. 155 Wis. 2d 686, 456 N.W.2d 348 (1990).
196.64 AnnotationPrinciples of subrogation law prevent insurers from recovering treble damages. Beacon Bowl v. Wisconsin Electric Power Co. 176 Wis. 2d 740, 501 N.W.2d 788 (1993).
196.64 AnnotationThis section does not establish a cause of action separate from one sounding in negligence and does not apply to contract actions. Recycle Worlds Consulting Corp. v. Wisconsin Bell, 224 Wis. 2d 586, 592 N.W.2d 637 (Ct. App. 1999), 98-0752.
Notes of Decisions
Cited in 14
cases, 1940–2018 · leading case: Beacon Bowl, Inc. v. Wisconsin Elec. Power Co., 501 N.W.2d 788 (Wis. 1993).
Beacon Bowl, Inc. v. Wisconsin Elec. Power Co., 501 N.W.2d 788 (Wis. 1993). “The insurers claimed treble damages under sec. 196.64, Stats., against WEPCO. The insurers additionally contended that Pinky's admitted negligence was a cause of the fire.”
Gumz v. N. States Power Co., 2006 WI App 165 (Wis. Ct. App. 2006). “They also claimed treble damages pursuant to Wis. Stat. § 196.64 . 1 The complaint further alleged damage to the dairy herd, entitlement to nuisance damages for annoyance and inconvenience, and personal injury to James.”
Peissig v. Wisconsin Gas Co., 456 N.W.2d 348 (Wis. 1990). “This case is before the court on certification to determine whether a finding of willful, wanton, or reckless behavior is necessary to award treble damages against public utilities in negligence actions pursuant to sec. 196.64, Stats. We affirm the decision of the circuit court…”
Recycle Worlds Consulting Corp. v. Wisconsin Bell, 592 N.W.2d 637 (Wis. Ct. App. 1999). “" RecycleWorlds filed an amended complaint which alleged numerous tort and breach of contract claims against the several defendant entities and sought, in addition to compensatory damages, treble damages under § 196.64, Stats., and punitive damages. Ameritech moved to strike the…”
Allen v. Wisconsin Pub. Serv. Corp., 2005 WI App 40 (Wis. Ct. App. 2005). “Wis. Stat. § 196.64 (2). ¶ 25. WPS's conduct was wanton, willful and in reckless disregard of Allen's rights if it demonstrated an indifference to the consequences of its actions, even though it may not have intended insult or injury.”
Chrome Plating Co. v. Wisconsin Elec. Power Co., 6 N.W.2d 692 (Wis. 1942). “Plaintiff’s principal contention is that although it based its cause of action to recover treble damages upon its allegations that defendant recklessly and wilfully cut off the power line, plaintiff is entitled to recover treble damages under sec. 196.64, Stats., in the absence…”
Wisconsin Pub. Serv. Corp. v. Andrews, 2009 WI App 30 (Wis. Ct. App. 2009). “She contends she may bring this claim under Wis. Stat. § 196.64 (1), which makes violations of Wis.”
State v. Wisconsin Tel. Co., 284 N.W.2d 41 (Wis. 1979). “They also allege that respondent was liable for treble damages pursuant to sec. 196.64, Stats. The respondent moved to dismiss the action on several grounds, hereinafter considered, and the attorney general on behalf of the State of Wisconsin, moved to dismiss the State of…”
Scullion v. Wisconsin Power & Light Co., 2000 WI App 120 (Wis. Ct. App. 2000). “§ 196.64 (1997-98) 1 were tried to a jury.”
Kerns v. Madison Gas & Elec. Co., 396 N.W.2d 788 (Wis. Ct. App. 1986). “Section 196.64, Stats. (1981-82) provides: If a public utility shall do or cause to be done or permit to be done any matter, act or thing prohibited or declared to be unlawful by this chapter or ch.”
Christian v. City of New London, 290 N.W. 621 (Wis. 1940). “It is considered that when the lighting of streets is done by a utility created to conduct a commercial business, the relation of the city owning the utility to one injured by the negligence of the utility employees is not that of governor and governed, and liability for such…”
Halderson v. N. States Power Co., 918 N.W.2d 644 (Wis. Ct. App. 2018). “Under these circumstances, we conclude O'Neil's deposition testimony regarding the 1996 graph, which he later clarified at trial, does not constitute credible evidence that NSP detected stray voltage exceeding the PSC's level of concern in 1996.”
— Wis. Stat. § 196.64(1) — 3 cases
Allen v. Wisconsin Pub. Serv. Corp., 2005 WI App 40 (Wis. Ct. App. 2005). “Wis. Stat. § 196.64 (2). ¶ 25. WPS's conduct was wanton, willful and in reckless disregard of Allen's rights if it demonstrated an indifference to the consequences of its actions, even though it may not have intended insult or injury.”
Recycle Worlds Consulting Corp. v. Wisconsin Bell, 592 N.W.2d 637 (Wis. Ct. App. 1999). “" RecycleWorlds filed an amended complaint which alleged numerous tort and breach of contract claims against the several defendant entities and sought, in addition to compensatory damages, treble damages under § 196.64, Stats., and punitive damages. Ameritech moved to strike the…”
Halderson v. N. States Power Co., 918 N.W.2d 644 (Wis. Ct. App. 2018). “Under these circumstances, we conclude O'Neil's deposition testimony regarding the 1996 graph, which he later clarified at trial, does not constitute credible evidence that NSP detected stray voltage exceeding the PSC's level of concern in 1996.”
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