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.
895.484 Civil liability exemption; entering a vehicle to render assistance.
895.485 Civil liability exemption; out-of-home care providers and child-placing agencies.
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.
895.492 Civil liability exemption; certificate of qualification for employment.
895.497 Civil liability exemption: furnishing safety services relating to child safety restraint systems.
895.501 Civil liability exemption; credit card reencoders and scanning devices.
895.506 Civil liability exemption; weight gain and obesity claims.
895.508 Liability exemption; provision of previously owned eyeglasses.
895.51 Civil liability exemption: food or emergency household products; emergency medical supplies; 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.
895.519 Civil liability exemption; private campgrounds.
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 an alpine sport; restrictions on civil liability, assumption of risk.
895.5265 Civil liability exemption; placement of certain structures in waterways.
895.527 Sport shooting range activities; limitations on liability and restrictions on operation.
895.528 Civil liability exemption; placement of markers in waterways.
895.529 Civil liability limitation; duty of care owed to trespassers.
895.53 Civil and criminal liability exemption; tests for intoxication.
895.535 Civil and criminal liability exemption; body cavity search.
895.537 Liability exemption; sexual assault evidence collection.
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.
SUBCHAPTER III
STRUCTURED SETTLEMENT TRANSFERS
895.66 Mandatory disclosures.
895.67 Approval of transfers of structured settlement payment rights.
895.68 Effects of transfer of structured settlement payment rights.
895.70 General provisions.
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. N.L.B. v. G.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. Estate of Hegarty v. Beauchaine,
2006 WI App 248,
297 Wis. 2d 70,
727 N.W.2d 857,
04-3252.
895.01 Annotation
Survival claims accrue on the date the injury is discovered or with reasonable diligence should be discovered by either the decedent or an appropriate third party, often the decedent's personal representative, whichever occurs first. Christ v. Exxon Mobil Corp.,
2015 WI 58,
362 Wis. 2d 668,
866 N.W.2d 602,
12-1493.
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 (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 Co.,
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 the deceased 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.
