893.82(7)
(7) With respect to a state officer, employe or agent described in
sub. (2) (d) 3., this section applies to an event causing the injury, damage or death giving rise to an action against the state officer, employe or agent, which occurs before, on or after April 25, 1990.
893.82 Note
Judicial Council Committee's Note, 1979: This section is previous s. 895.45 renumbered for more logical placement in restructured ch. 893. The previous 90-day time period in which to file written notice of a claim against an employe of the state of Wisconsin has been increased to 120 days to make the time period consistent with the period for filing notice of claims with other governmental bodies allowed in s. 893.80. (See note following s. 893.80). [Bill 326-A]
893.82 Annotation
Court had no jurisdiction over state employes alleged to have intentionally damaged plaintiff where complaint failed to comply with notice of claim statute. Elm Park Iowa, Inc. v. Denniston, 92 W (2d) 723, 286 NW (2d) 5 (Ct. App. 1979).
893.82 Annotation
Notice provisions of this section do not apply to third-party complaints for contribution. Coulson v. Larsen, 94 W (2d) 56, 287 NW (2d) 754 (1980).
893.82 Annotation
Non-compliance with notice of injury statute barred suit even though defendant failed to raise issue in responsive pleading. Mannino v. Davenport, 99 W (2d) 602, 299 NW (2d) 823 (1981).
893.82 Annotation
Plaintiff was required to serve notice on attorney general as condition precedent to bringing claim. Doe v. Ellis, 103 W (2d) 581, 309 NW (2d) 375 (Ct. App. 1981).
893.82 Annotation
Court properly granted defendant's motion to dismiss since notice of claim of injury was not served upon attorney general within 120 day limit. Ibrahim v. Samore, 118 W (2d) 720, 348 NW (2d) 554 (1984).
893.82 Annotation
Substantial compliance with requirements for content of notice under (3) is sufficient to meet legislative intent. Daily v. Wis. University, Whitewater, 145 W (2d) 756, 429 NW (2d) 83 (Ct. App. 1988).
893.82 Annotation
Sub. (3) does not create an exception for a plaintiff who is unaware that a defendant is a state employee. Renner vs. Madison General Hospital, 151 W (2d) 885, 447 NW (2d) 97 (Ct. App. 1989).
893.82 Annotation
Under administrative-services-only state group insurance contract, insurer is agent of state, and plaintiff must comply with notice provisions under this section to maintain action. Smith v. Wisconsin Physicians Services, 152 W (2d) 25, 447 NW (2d) 371 (Ct. App. 1989).
893.82 Annotation
Possible finding that state employe was acting as apparent agent of non-state hospital does not permit maintenance of suit against state employe absent compliance with notice requirements. Kashishian v. Port, 167 W (2d) 24, 481 NW (2d) 227 (1992).
893.82 Annotation
Actual notice and lack of prejudice to the state are not exceptions to 120 day notice requirement. Carlson v. Pepin County 167 W (2d) 345, 481 NW (2d) 498 (Ct. App. 1992).
893.82 Annotation
Certified mail requirement under (5) is subject to strict construction. Kelley v. Reyes, 168 W (2d) 743, 484 NW (2d) 388 (Ct. App. 1992).
893.82 Annotation
Records relating to pending claims need not be disclosed under 19.35; records of non-pending claims must be disclosed unless an in camera inspection reveals attorney client privilege would be violated. George v. Record Custodian, 169 W (2d) 573, 485 NW (2d) 460 (Ct. App. 1992).
893.82 Annotation
Sub. (3) does not apply to claims for injunctive and declaratory relief. Lewis v. Sullivan, 188 W (2d) 157, 524 NW (2d) 630 (1994).
893.82 Annotation
Sub. (5) requires a notice of claim to be sworn to and to include evidence to show that an oath or affirmation occurred. Kellner v. Christian, 197 W (2d) 183, 539 NW (2d) 685 (1994).
893.82 Annotation
The discovery rule does not apply to sub. (3). The failure to apply the discovery rule to sub. (3) is not unconstitutional. Oney v. Schrauth, 197 W (2d) 891, 541 NW (2d) 229 (Ct. App. 1995).
893.82 Annotation
The constitutional mandate of just compensation for a taking of property cannot be limited in amount by statute. A taking may result in the state's obligation to pay more than $250,000. Retired Teachers Ass'n v. Employe Trust Funds Board, 207 W (2d) 1, 558 NW (2d) 83 (1997).
STATUTES OF LIMITATION; ACTIONS BY THE STATE, STATUTORY LIABILITY AND MISCELLANEOUS ACTIONS
893.85
893.85
Action concerning old-age assistance lien. 893.85(1)(1) An action to collect an old-age assistance lien filed under s.
49.26, 1971 stats., prior to August 5, 1973, must be commenced within 10 years after the date of filing of the required certificate under s.
49.26 (4), 1971 stats.
893.85(2)
(2) No claim under s.
49.25, 1971 stats., may be presented more than 10 years after the date of the most recent old-age assistance payment covered by the claim.
893.85 History
History: 1977 c. 385;
1979 c. 323.
893.85 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.181 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.86
893.86
Action concerning recovery of legal fees paid for indigents. An action under
s. 757.66 to recover an amount paid by a county for legal representation of an indigent defendant shall be commenced within 10 years after the recording of the claim required under
s. 757.66 or be barred.
893.86 History
History: 1979 c. 323;
1993 a. 301.
893.87
893.87
General limitation of action in favor of the state. Any action in favor of the state, if no other limitation is prescribed in this chapter, shall be commenced within 10 years after the cause of action accrues or be barred. No cause of action in favor of the state for relief on the ground of fraud shall be deemed to have accrued until discovery on the part of the state of the facts constituting the fraud.
893.87 History
History: 1979 c. 323.
893.87 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.18 (6) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.87 Annotation
See note to 893.43, citing State v. Holland Plastics Co. 111 W (2d) 497, 331 NW (2d) 320 (1983).
893.87 Annotation
Where every day of violation of a statute constitutes a separate violation, a cause of action accrues on each day of an alleged violation. State v. Chrysler Outboard Corp. 219 W (2d) 130, 580 NW (2d) 203 (1998).
893.88
893.88
Paternity actions. Notwithstanding
s. 990.06, an action for the establishment of the paternity of a child shall be commenced within 19 years of the date of the birth of the child or be barred.
893.88 History
History: 1971 c. 21;
1979 c. 323,
352;
1979 c. 355 s.
225,
231;
1979 c. 357; Stats. 1979 s. 893.88;
1983 a. 447.
893.88 Annotation
See note to Art. I, sec. 9, citing In re Paternity of R. W. L. 116 W (2d) 150, 341 NW (2d) 682 (1984).
893.88 Annotation
This section did not revive time-barred paternity action. In re Paternity of D. L. T., 137 W (2d) 57, 403 NW (2d) 434 (1987).
893.88 Annotation
Constitutionality of this section upheld. Paternity of James A. O. 182 W (2d) 166, 513 NW (2d) 410 (Ct. App. 1994).
893.88 Annotation
Retroactively applied 6-year statute of limitations violates equal protection. Clark v. Jeter, 486 US 456 (1988).
893.89
893.89
Action for injury resulting from improvements to real property. 893.89(1)(1) In this section, "exposure period" means the 10 years immediately following the date of substantial completion of the improvement to real property.
893.89(2)
(2) Except as provided in
sub. (3), no cause of action may accrue and no action may be commenced, including an action for contribution or indemnity, against the owner or occupier of the property or against any person involved in the improvement to real property after the end of the exposure period, to recover damages for any injury to property, for any injury to the person, or for wrongful death, arising out of any deficiency or defect in the design, land surveying, planning, supervision or observation of construction of, the construction of, or the furnishing of materials for, the improvement to real property. This subsection does not affect the rights of any person injured as the result of any defect in any material used in an improvement to real property to commence an action for damages against the manufacturer or producer of the material.
893.89(3)(a)(a) Except as provided in
pars. (b) and
(c), if a person sustains damages as the result of a deficiency or defect in an improvement to real property, and the statute of limitations applicable to the damages bars commencement of the cause of action before the end of the exposure period, the statute of limitations applicable to the damages applies.
893.89(3)(b)
(b) If, as the result of a deficiency or defect in an improvement to real property, a person sustains damages during the period beginning on the first day of the 8th year and ending on the last day of the 10th year after the substantial completion of the improvement to real property, the time for commencing the action for the damages is extended for 3 years after the date on which the damages occurred.
893.89(3)(c)
(c) An action for contribution is not barred due to the accrual of the cause of action for contribution beyond the end of the exposure period if the underlying action that the contribution action is based on is extended under
par. (b).
893.89(4)
(4) This section does not apply to any of the following:
893.89(4)(a)
(a) A person who commits fraud, concealment or misrepresentation related to a deficiency or defect in the improvement to real property.
893.89(4)(b)
(b) A person who expressly warrants or guarantees the improvement to real property, for the period of that warranty or guarantee.
893.89(4)(c)
(c) An owner or occupier of real property for damages resulting from negligence in the maintenance, operation or inspection of an improvement to real property.
893.89(4)(d)
(d) Damages that were sustained before April 29, 1994.
893.89(5)
(5) Except as provided in
sub. (4), this section applies to improvements to real property substantially completed before, on or after April 29, 1994.
893.89(6)
(6) This section does not affect the rights of any person under
ch. 102.
893.90
893.90
Bond; campaign financing; lobbying. 893.90(1)
(1) An action by the state or any of its departments or agencies or by any county, town, village, city, school district, technical college district or other municipal unit to recover any sum of money by reason of the breach of an official bond or the breach of a bond of any nature, whether required by law or not, given by a public officer or any agent or employe of a governmental unit shall be commenced within 3 years after the governmental unit receives knowledge of the fact that a default has occurred in some of the conditions of the bond and that it was damaged because of the default or be barred.
893.90(2)
(2) Any civil action arising under
ch. 11,
subch. III of ch. 13 or
subch. II of ch. 19 shall be commenced within 3 years after the cause of action accrues or be barred.
893.90 Note
Judicial Council Committee's Note, 1979: This section is previous ss. 893.20 and 893.205 (3) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.91
893.91
Action for expenses related to a forest fire. An action by a state or town under
s. 26.14 (9) (b) to recover expenses incurred in the suppression of a forest fire shall be commenced within 2 years of the setting of the fire or be barred.
893.91 History
History: 1979 c. 323.
893.91 Note
Judicial Council Committee's Note, 1979: This section has been created to place into ch. 893 the statute of limitation for an action to recover expenses related to fighting a forest fire. See the note following s. 26.14 (9) (b). [Bill 326-A]
893.92
893.92
Action for contribution. An action for contribution based on tort, if the right of contribution does not arise out of a prior judgment allocating the comparative negligence between the parties, shall be commenced within one year after the cause of action accrues or be barred.
893.92 History
History: 1979 c. 323.
893.92 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.22 (4) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.925
893.925
Action for certain damages related to mining. 893.925(1)(1) A claim against the mining damage appropriation under
s. 107.31 to recover damages for mining-related injuries shall be brought within 3 years of the date on which the death occurs or the injury was or should have been known.
893.925(2)(a)(a) An action to recover damages for mining-related injuries under
s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of commerce gives written notice within the time specified in this subsection that a claim has been filed with it under
sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.
893.925(2)(b)
(b) In this subsection "date of injury" means the date on which the evidence of injury, resulting from the act upon which the action is based, is sufficient to alert the injured party to the possibility of the injury. The injury need not be of such magnitude as to identify the causal factor.
893.925 History
History: 1979 c. 353 s.
7; Stats. 1979 s. 893.207;
1979 c. 355 s.
227; Stats. 1979 s. 893.925;
1995 a. 27 ss.
7214,
9116 (5).
893.93
893.93
Miscellaneous actions. 893.93(1)
(1) The following actions shall be commenced within 6 years after the cause of action accrues or be barred:
893.93(1)(a)
(a) An action upon a liability created by statute when a different limitation is not prescribed by law.
893.93(1)(b)
(b) An action for relief on the ground of fraud. The cause of action in such case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud.
893.93(1)(c)
(c) An action upon a claim, whether arising on contract or otherwise, against a decedent or against a decedent's estate, unless probate of the estate in this state is commenced within 6 years after the decedent's death.
893.93(2)
(2) The following actions shall be commenced within 2 years after the cause of action accrues or be barred:
893.93(2)(a)
(a) An action by a private party upon a statute penalty, or forfeiture when the action is given to the party prosecuting therefor and the state, except when the statute imposing it provides a different limitation.
893.93(2)(b)
(b) An action to recover a forfeiture or penalty imposed by any bylaw, ordinance or regulation of any town, county, city or village or of any corporation or limited liability company organized under the laws of this state, when no other limitation is prescribed by law.
893.93(3)
(3) The following actions shall be commenced within one year after the cause of action accrues or be barred:
893.93(3)(a)
(a) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
893.93(4)
(4) An action by a drainage board for damages under
s. 88.92 (2) shall be commenced within 3 years after the drainage board discovers the fact, or with the exercise of reasonable diligence should have discovered the fact of the damage, whichever comes first, or be barred.
893.93 History
History: 1979 c. 323;
1993 a. 98,
112,
456.
893.93 Note
Judicial Council Committee's Note, 1979: This section has been created to place in one location within restructured ch. 893 various miscellaneous statutes of limitation for easier reference and use. Sub. (1) (a) is previous s. 893.19 (4). Sub. (1) (b) is previous s. 893.19 (7). Sub. (1) (c) is previous s. 893.19 (9). Sub. (1) (d) is previous s. 893.19 (10). Sub. (2) (a) is previous s. 893.21 (1) with a comma placed after the word "penalty" in order to have the section accurately reflect the decision in Grengs v. 20th Century Fox Film Corporation,
232 F. 2d 325 (1956). Sub. (2) (b) is previous s. 893.21 (4). Sub. (3) (a) is previous s. 893.22 (1). Sub. (3) (b) is previous s. 893.22 (3). [Bill 326-A]
893.93 Annotation
If the complaint does not allege the requisite elements for a cause of action based on fraud, s. 893.19 (7), 1969 stats. [now s. 893.93 (1) (b)] does not apply. Estate of Demos, 50 W (2d) 262, 184 NW (2d) 117.
