Wisconsin Statutes
Wis. Stat. § 50.10 (2026)
Private cause of action
✓ current as of July 2026
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50.10(1)(1) Any person residing in a nursing home has an independent cause of action to correct conditions in the nursing home or acts or omissions by the nursing home or by the department, that:
50.10(1)(a)(a) The person alleges violate this subchapter or rules promulgated under this subchapter; and
50.10(1)(b)(b) The person alleges are foreseeably related to impairing the person’s health, safety, personal care, rights or welfare.
50.10(2)(2) Actions under this section are for mandamus against the department or for injunctive relief against either the nursing home or the department.
50.10 AnnotationThis section applies only to residents of a nursing home, which is different from a community based residential facility. Residents of community-based residential facilities do not have a private cause of action for statutory or administrative code violations. Farr v. Alternative Living Services, Inc., 2002 WI App 88, 253 Wis. 2d 790, 643 N.W.2d 841, 01-0971.
50.10 AnnotationWisconsin’s Private Cause of Action for Nursing Home Residents. Bertrand. Wis. Law. Sept. 1989.
50.10 AnnotationProtecting the Rights of Nursing Home Residents. Spitzer-Resnick. Wis. Law. May 1993.
Notes of Decisions
Cited in 2
cases, 2002–2009 · leading case: Farr v. Alt. Living Servs., Inc., 2002 WI App 88 (Wis. Ct. App. 2002).
Farr v. Alt. Living Servs., Inc., 2002 WI App 88 (Wis. Ct. App. 2002). “[Farr]'s second amended complaint relies solely upon statutory claims predicated upon a violation of Wis. Stat. § 50.10 and/or Chapter 83 of the Wisconsin Administrative Code.”
Krier v. Vilione, 2009 WI 45 (Wis. 2009). “Fishbach, Wisconsin Practice Series, Methods of Practice §§ 50.10 — 50.16 (4th ed. 2004) (discussing the difference between each type of corporation and when to use and not to use each entity).”
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