895.472 Indemnification of a financial institution.
SUBCHAPTER II
EXEMPTIONS FROM, AND LIMITATIONS ON, LIABILITY
895.475 Exemption from civil liability for furnishing safety inspection or advisory services.
895.48 Civil liability exemption; emergency medical care.
895.4802 Civil liability exemption; hazardous materials.
895.4803 Civil liability exemption; information concerning paternity.
895.481 Civil liability exemption; equine activities.
895.482 Civil liability exemption; ski patrol members.
895.483 Civil liability exemption; regional and local emergency response teams and their sponsoring agencies.
895.485 Civil liability exemption; agencies, foster parents and family-operated group home parents.
895.486 Civil immunity exemption; reports of insurance fraud.
895.487 Civil liability exemption; employment references.
895.488 Civil liability exemption; owner or person in lawful possession of the premises.
895.489 Civil liability exemption; tenancy references.
895.497 Civil liability exemption: furnishing safety services relating to child safety restraint systems.
895.506 Civil liability exemption; weight gain and obesity claims.
895.51 Civil liability exemption: food or emergency household products; donation, sale, or distribution.
895.512 Civil liability exemption; access to toilet facility.
895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.515 Civil liability exemption; equipment or technology donation.
895.517 Civil liability exemption: solid waste donation or sale.
895.52 Recreational activities; limitation of property owners' liability.
895.523 Recreational activities in a school building or on school grounds; limitation of liability.
895.524 Participation in an agricultural tourism activity; limitations on civil liability, assumption of risk.
895.525 Participation in recreational activities; restrictions on civil liability, assumption of risk.
895.526 Participation in a snow sport; restrictions on civil liability, assumption of risk.
895.527 Sport shooting range activities; limitations on liability and restrictions on operation.
895.529 Civil liability limitation; duty of care owed to trespassers.
895.53 Civil and criminal liability exemption; tests for intoxication.
895.54 Liability exemption; notification of release.
895.55 Liability exemption; oil discharge control.
895.555 Civil liability exemption; anhydrous ammonia.
895.56 Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation.
895.57 Damages and immunity; unauthorized release of animals.
895.58 Liability exemption; use of special waste under public works contracts.
895.61 Asbestos successor corporation; limitation on liability.
895.62 Use of force in response to unlawful and forcible entry into a dwelling, motor vehicle, or place of business; civil liability immunity.
DAMAGES, RECOVERY, AND MISCELLANEOUS
PROVISIONS REGARDING ACTIONS IN COURTS
895.01
895.01
What actions survive; actions not to abate. 895.01(1)(am)(am) In addition to the causes of action that survive at common law, all of the following also survive:
895.01(1)(am)2.
2. Causes of action for the recovery of personal property or the unlawful withholding or conversion of personal property.
895.01(1)(am)3.
3. Causes of action for the recovery of the possession of real estate and for the unlawful withholding of the possession of real estate.
895.01(1)(am)8.
8. Causes of action for all damage done to the property rights or interests of another.
895.01(1)(am)10.
10. Causes of action for damages done to real or personal estate.
895.01(1)(am)14.
14. Equitable actions for specific performance of contracts relating to real estate.
895.01(1)(bm)
(bm) Causes of action for wrongful death shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death of the injured person.
895.01(2)
(2) An action does not abate by the occurrence of any event if the cause of action survives or continues.
895.01 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975), 771;
1977 c. 176;
1987 a. 399;
1993 a. 481;
1999 a. 85;
2007 a. 101.
895.01 Annotation
Punitive damages incident to damages for the pain and suffering of a decedent may be awarded to the estate. Wangen v. Ford Motor Co.
97 Wis. 2d 260,
294 N.W.2d 437 (1980).
895.01 Annotation
A paternity action may not be brought against a deceased putative father. Paternity of N. L. B.
140 Wis. 2d 400,
411 N.W.2d 144 (Ct. App. 1987).
895.01 Annotation
A claim for loss of enjoyment of life caused by professional negligence of mental health professionals survived the death of the alleged victim. Sawyer v. Midelfort,
227 Wis. 2d 124,
595 N.W.2d 423 (1999),
97-1969.
895.01 Annotation
A survival claim accrues when, with reasonable diligence, the decedent should have discovered the claim, but no later than the date of death. Estate of Merrill v. Jerrick,
231 Wis. 2d 546,
605 N.W.2d 645 (Ct. App. 1999),
99-0787.
895.01 Annotation
Parents of minor children have separate claims for pre-death and post-death loss of society and companionship, and damages are not capped by the wrongful-death limit. Hegarty v. Beauchaine,
2006 WI App 248,
297 Wis. 2d 70,
727 N.W.2d 857,
04-3252.
895.01 Annotation
Actions under ss. 551.41 and 551.59 survive the death of the wrongdoer. Continental Assurance Co. v. American Bankshares Corp.
483 F. Supp. 175 (1980).
895.02
895.02
Measure of damages against personal representative. When any action described in
s. 895.01 (1) shall be prosecuted to judgment against the personal representative, the plaintiff shall be entitled to recover only for the value of the goods taken, including any unjust enrichment of the defendant, or for the damages actually sustained, without any vindictive or exemplary damages or damages for alleged outrage to the feelings of the injured party.
895.02 History
History: Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975);
1977 c. 176;
2001 a. 102.
895.03
895.03
Recovery for death by wrongful act. Whenever the death of a person shall be caused by a wrongful act, neglect or default and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured; provided, that such action shall be brought for a death caused in this state.
895.03 Annotation
A complaint alleging that the defendant shot the plaintiff's husband and that the shooting was wrongful was sufficient to state a cause of action. Kelly v. Mohrhusen,
50 Wis. 2d 337,
184 N.W.2d 149 (1971).
895.03 Annotation
It is sufficient if the death was caused by a wrongful act, neglect, or default in this state. It is not necessary that the death occur in the state. The statute includes cases dealing with breach of warranty arising out of contract. Schnabl v. Ford Motor Co.
54 Wis. 2d 345,
195 N.W.2d 602,
198 N.W.2d 161 (1972).
895.03 Annotation
A decedent must have had an actionable claim for damages at the time of death for a wrongful death cause of action to exist. If the statute of limitations would have barred the decedent from bringing a medical malpractice action, had the decedent lived, a wrongful death action based on the alleged malpractice is also barred. Miller v. Luther,
170 Wis. 2d 429,
489 N.W.2d 651 (Ct. App. 1992).
895.03 Annotation
This section does not provide when a claim for damages due to wrongful death accrues, or when it must be brought, or when it will be lost. A derivative claim for damages due to wrongful death is controlled by the specific statute of limitations for medical malpractice, s. 893.55, rather than the general wrongful death statute of limitations, s. 893.54, and accrues on the same date as the medical negligence action on which it is based — the date of injury, not the date of death. Estate of Genrich v. OHIC Insurance Company,
2009 WI 67,
318 Wis. 2d 553,
769 N.W.2d 481,
07-0541.
895.03 Annotation
This section says nothing about who can bring a wrongful death claim, or who the defendants can be. The statute only permits the representative of a deceased to maintain an action the deceased could have maintained had he or she lived. It did not prevent the father of a fetus killed in a car accident from suing the insurer of the fetus's mother. Tesar v. Anderson,
2010 WI App 116,
329 Wis. 2d 240,
789 N.W.2d 351,
09-1993.
895.03 Annotation
The cause of action authorized under s. 895.03 applies only to deaths caused in Wisconsin. However, Wisconsin courts must allow plaintiffs to sue under another interested state's law when no Wisconsin law provides for the action and Wisconsin has no public policy against recovery. When there is no cause of action under s. 895.03 and another state's wrongful death statute applies, the terms and limitations in s. 895.04 do not apply. Waranka v. Wadena Insurance Company,
2014 WI 28,
354 Wis. 2d 717,
848 N.W.2d 295,
12-0320.
895.031
895.031
Recovery from estate of wrongdoer. If the death of a person is caused by a wrongful act or omission committed in this state that, if death had not ensued, would have entitled the injured party to maintain an action and recover damages and the wrongdoer dies prior to the time of the death of the injured person, the wrongdoer shall be liable for damages notwithstanding either death. Any right of action against a deceased wrongdoer under this section shall be enforced by bringing an action against the deceased wrongdoer's personal representative.
895.031 History
History: 1993 a. 486;
2001 a. 102.
895.035
895.035
Parental liability for acts of minor child. 895.035(1)(a)1.
1. "Custody" means either legal custody of a child under a court order under
s. 767.225 or
767.41, custody of a child under a stipulation under
s. 767.34 or actual physical custody of a child. "Custody" does not include legal custody, as defined under
s. 48.02 (12), by an agency or a person other than a child's birth or adoptive parent.
895.035(1)(b)
(b) In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the child at the time the act that caused the injury, damage or loss occurred.
895.035(2)(a)(a) The parent or parents with custody of a minor child, in any circumstances where he, she, or they may not be liable under the common law, are liable for damages to property, for the cost of repairing or replacing property or removing the marking, drawing, writing, or etching from property regarding a violation under
s. 943.017, for the value of unrecovered stolen property, or for personal injury attributable to a willful, malicious, or wanton act of the child.
895.035(2)(b)1.1. The parent or parents with custody of their minor child are jointly and severally liable with the child for the damages imposed under
s. 943.51 for their child's violation of
s. 943.50.
