895.36 Process against officer.
895.37 Abrogation of defenses.
895.375 Abrogation of defense that contract was champertous.
895.38 Surety, how discharged.
895.41 Employee's cash bonds to be held in trust; duty of employer; penalty.
895.42 Deposit of undistributed money and property by administrators and others.
895.43 Intentional killing by beneficiary of contract.
895.435 Intentional killing by beneficiary of certain death benefits.
895.437 Use of lodging establishments.
895.44 Exemption from civil liability for furnishing safety inspection or advisory services.
895.46 State and political subdivisions thereof to pay judgments taken against officers.
895.47 Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation.
895.48 Civil liability exemption; emergency care, athletic events health care, hazardous substances and 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 county emergency response teams and their sponsoring agencies.
895.485 Civil liability exemption; agencies, foster parents, treatment foster parents and family-operated group home parents.
895.486 Civil immunity exemption; reports of insurance fraud.
895.487 Civil liability exemption; employment references.
895.49 Certain agreements to limit or eliminate tort liability void.
895.495 Safety devices on farm equipment, ordinary negligence.
895.505 Disposal of records containing personal information.
895.51 Liability exemption: food donation, sale or distribution.
895.515 Liability exemption; equipment or technology donation.
895.517 Liability exemption: solid waste donation or sale.
895.52 Recreational activities; limitation of property owners' liability.
895.525 Participation in recreational activities.
895.527 Sport shooting range activities.
895.53 Liability exemption; tests for intoxication.
895.54 Liability exemption; notification of release.
895.55 Liability exemption; oil discharge control.
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.
895.65 Government employer retaliation prohibited.
895.67 Domestic abuse services; prohibited disclosures.
895.70 Sexual exploitation by a therapist.
895.73 Service representatives.
895.75 Physical injury, emotional distress, loss or damage suffered by members of certain groups.
895.76 Limits on recovery by prisoners.
895.77 Injury caused by criminal gang activity.
895.79 Damage to certain machines.
895.80 Property damage or loss.
895.01
895.01
What actions survive; actions not to abate. 895.01(1)(1) In addition to the causes of action that survive at common law, all of the following also survive:
895.01(1)(b)
(b) Causes of action for the recovery of personal property or the unlawful withholding or conversion of personal property.
895.01(1)(c)
(c) 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)(h)
(h) Causes of action for all damage done to the property rights or interests of another.
895.01(1)(i)
(i) Causes of action for goods taken and carried away.
895.01(1)(j)
(j) Causes of action for damages done to real or personal estate.
895.01(1)(k)
(k) Equitable actions to set aside conveyances of real estate.
895.01(1)(L)
(L) Equitable actions to compel a reconveyance of real estate.
895.01(1)(m)
(m) Equitable actions to quiet the title to real estate.
895.01(1)(n)
(n) Equitable actions for specific performance of contracts relating to real estate.
895.01(1)(o)
(o) Causes of action for wrongful death, which 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.
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).
895.01 Annotation
A survival claim accrues when, with reasonable diligence, the decedent should have discovered the claim, no later than the date of death. Estate of Merrill v. Jerrick,
231 Wis. 2d 546,
605 N.W.2d 645 (Ct. App. 1999).
895.01 Annotation
Actions under ss. 551.41 and 551.59 survive the death of the wrongdoer. Continental Assur. v. American Bankshares Corp.
483 F. Supp. 175 (1980).
895.02
895.02
Measure of damages against executor. When any action mentioned in
s. 895.01 (1) shall be prosecuted to judgment against the executor or administrator 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.
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 a wrongful was sufficient to state a cause of action. Kelly v. Mohrhusen,
50 Wis. 2d 337,
184 N.W.2d 149.
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 here. 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.
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 he 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).
895.031
895.031
Recovery from estate of wrongdoer. 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 in every such case, the wrongdoer who would have been liable if death had not ensued, although such wrongdoer shall die prior to the time of death of such injured person, shall be liable to an action for damages notwithstanding the wrongdoer's prior death and notwithstanding the death of the person injured; provided that such action shall be brought for a death caused in this state. Any right of action which may accrue by such injury to the person of another although the death of the wrongdoer occurred prior thereto shall be enforced by bringing an action against the executor or administrator or personal representative of such deceased wrongdoer.
895.031 History
History: 1993 a. 486.
895.035
895.035
Parental liability for acts of minor child. 895.035(1)(a)(a) In this section, "custody" means either legal custody of a child under a court order under
s. 767.23 or
767.24, custody of a child under a stipulation under
s. 767.10 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)
(2) 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 wilful, malicious or wanton act of the child. 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.
895.035(2g)
(2g) The parent or parents with custody of a minor child are liable for the cost of the repair or replacement of, or the removal of the etching, marking, drawing or writing from, property damaged as the result of a violation of an ordinance that prohibits intentional etching or marking, drawing or writing with paint, ink or other substance on the physical property of another without the other's consent.
895.035(2m)(a)(a) If a juvenile or a parent with custody of a juvenile fails to pay restitution under
s. 938.245,
938.32,
938.34 (5),
938.343 (4),
938.345 or
938.45 (1r) (a) as ordered by a court assigned to exercise jurisdiction under
chs. 48 and
938, a court of criminal jurisdiction or a municipal court or as agreed to in a deferred prosecution agreement or if it appears likely that the juvenile or parent will not pay restitution as ordered or agreed to, the victim, the victim's insurer, the representative of the public interest under
s. 938.09 or the agency, as defined in
s. 938.38 (1) (a), supervising the juvenile may petition the court assigned to exercise jurisdiction under
chs. 48 and
938 to order that the amount of restitution unpaid by the juvenile or parent be entered and docketed as a judgment against the juvenile and the parent with custody of the juvenile and in favor of the victim or the victim's insurer, or both. A petition under this paragraph may be filed after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence under which the restitution is payable, but no later than one year after the expiration of the deferred prosecution agreement, consent decree, dispositional order or sentence or any extension of the consent decree, dispositional order or sentence. A judgment rendered under this paragraph does not bar the victim or the victim's insurer, or both, from commencing another action seeking compensation from the juvenile or the parent, or both, if the amount of restitution ordered under this paragraph is less than the total amount of damages claimed by the victim or the victim's insurer.
895.035(2m)(b)
(b) If a juvenile or a parent with custody of a juvenile fails to pay a forfeiture as ordered by a court assigned to exercise jurisdiction under
chs. 48 and
938, a court of criminal jurisdiction or a municipal court, if a juvenile or a parent with custody of a juvenile fails to pay costs as ordered by the court assigned to exercise jurisdiction under
chs. 48 and
938 or a municipal court, if a juvenile fails to pay a surcharge as ordered by a court assigned to exercise jurisdiction under
chs. 48 and
938 or a court of criminal jurisdiction or if it appears likely that the juvenile or the parent will not pay the forfeiture or surcharge as ordered, the representative of the public interest under
s. 938.09, the agency, as defined in
s. 938.38 (1) (a), supervising the juvenile or the law enforcement agency that issued the citation to the juvenile may petition the court assigned to exercise jurisdiction under
chs. 48 and
938 to order that the amount of the forfeiture, surcharge or costs unpaid by the juvenile or parent be entered and docketed as a judgment against the juvenile and the parent with custody of the juvenile and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture, surcharge or costs is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.
895.035(2m)(bm)1.1. Before issuing an order under
par. (a) or
(b), the court assigned to exercise jurisdiction under
chs. 48 and
938 shall give the juvenile and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the juvenile and the parent an opportunity to present evidence as to the amount of the restitution, forfeiture or surcharge unpaid, but not as to the amount of the restitution, forfeiture or surcharge originally ordered. The court shall also give the juvenile and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution, forfeiture or surcharge and the ability of the juvenile or the parent to pay the restitution, forfeiture or surcharge. In considering the ability of the juvenile or the parent to pay the restitution, forfeiture or surcharge, the court may consider the assets, as well as the income, of the juvenile or the parent and may consider the future ability of the juvenile or parent to pay the restitution, forfeiture or surcharge within the time specified in
s. 893.40.
