Chapter 895, DAMAGES, LIABILITY, AND MISCELLANEOUS PROVISIONSREGARDING ACTIONS IN COURTS

895.01 What actions survive; actions not to abate. (1) (am) In addition to the causes of action that survive at common law, all of the following also survive: 1. Causes of action to determine paternity. 2. Causes of action for the recovery of personal property or the unlawful wit…

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 enrich…

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 …

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 t…

895.035 Parental liability for acts of minor child. (1) (a) In this section: 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” …

895.037 Abortions on or for a minor without parental consent or judicial waiver. (1) DEFINITIONS. In this section: (a) “Abortion” has the meaning given in s. 48.375 (2) (a). (c) “Emancipated minor” has the meaning given in s. 48.375 (2) (e). (2) PENALTIES. (a) Any person who, in …

895.038 Partial-birth abortions; liability. (1) In this section: (a) “Child” has the meaning given in s. 940.16 (1) (a). (b) “Partial-birth abortion” has the meaning given in s. 940.16 (1) (b). (2) (a) Except as provided in par. (b), any of the following persons has a claim for a…

895.04 Plaintiff in wrongful death action. (1) An action for wrongful death may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs. (2) If the deceased leaves surviving a spouse or domestic partner under ch. 770 …

895.043 Punitive damages. (1) DEFINITIONS. In this section: (a) “Defendant” means the party against whom punitive damages are sought. (b) “Double damages” means those court awards made under a statute providing for twice, 2 times or double the amount of damages suffered by the in…

895.044 Damages for maintaining certain claims and counterclaims. (1) A party or a party’s attorney may be liable for costs and fees under this section for commencing, using, or continuing an action, special proceeding, counterclaim, defense, cross complaint, or appeal to which a…

895.045 Contributory negligence. (1) COMPARATIVE NEGLIGENCE. Contributory negligence does not bar recovery in an action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if that negligence w…

895.046 Remedies against manufacturers, distributors, sellers, and promoters of products. (1g) LEGISLATIVE FINDINGS AND INTENT. The legislature finds that it is in the public interest to clarify product liability law, generally, and the application of the risk contribution theory…

895.047 Product liability. (1) LIABILITY OF MANUFACTURER. In an action for damages caused by a manufactured product based on a claim of strict liability, a manufacturer is liable to a claimant if the claimant establishes all of the following by a preponderance of the evidence: (a…

895.048 Recovery by auto or motorboat owner limited. The owner of a motor vehicle or motorboat which, while being operated by the spouse or minor child of such owner, is damaged as the result of an accident involving another vehicle or boat, may not recover from the owner or oper…

895.049 Recovery by a person who fails to use protective headgear while operating certain motor vehicles. Notwithstanding s. 895.045, failure by a person who operates or is a passenger on a utility terrain vehicle, as defined in s. 23.33 (1) (ng), a motorcycle, as defined in s. 3…

895.05 Damages in actions for libel. (1) The proprietor, publisher, editor, writer or reporter upon any newspaper published in this state shall not be liable in any civil action for libel for the publication in such newspaper of a true and fair report of any judicial, legislative…

895.052 Defamation by radio and television. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable in damages for any defamatory statement pub…

895.055 Gaming contracts void. (1) All promises, agreements, notes, bills, bonds, or other contracts, mortgages, conveyances or other securities, where the whole or any part of the consideration of the promise, agreement, note, bill, bond, mortgage, conveyance or other security s…

895.056 Recovery of money wagered. (1) In this section: (a) “Property” means any money, property or thing in action. (b) “Wagerer” means any person who, by playing at any game or by betting or wagering on any game, election, horse or other race, ball playing, cock fighting, fight…

895.057 Action against judicial officer for loss caused by misconduct. Any judicial officer who causes to be brought in a court over which the judicial officer presides any action or proceeding upon a claim placed in the judicial officer’s hands as agent or attorney for collectio…

895.06 Recovery of divisible personalty. When personal property is divisible and owned by tenants in common and one tenant in common shall claim and hold possession of more than the tenant’s share or proportion thereof his or her cotenant, after making a demand in writing, may su…

895.065 Radioactive waste emergencies. (1) DEFINITIONS. In this section: (a) “Association” means a relationship in which one person controls, is controlled by or is under common control with another person. (b) “Company” means any partnership, joint-stock company, business trust …

895.07 Claims against contractors and suppliers. (1) DEFINITIONS. In this section: (a) “Action” means a civil action or an arbitration under ch. 788. (b) “Association” means a homeowner’s association, condominium association under s. 703.02 (1m), unit owner’s association, or a no…

895.08 Sport shooting ranges; actions related to safety. (1) DEFINITIONS. In this section: (a) “Clear and immediate public safety hazard” means an un- 895.08 safe condition that originates from, or is at, a sport shooting range and that could reasonably be expected to cause death…

895.09 Scrap metal or plastic bulk merchandise container theft; civil liability. (1) Any owner of nonferrous scrap, a metal article, or a proprietary article, as those terms are defined in s. 134.405 (1), who incurs injury or loss as a result of a violation of s. 134.405 or s. 94…

895.10 Tort actions in residential real estate transactions. (1) In this section, “residential real estate transaction” means a real estate transfer to which s. 709.01 (1) applies. (2) In addition to any other remedies available under law, a transferee in a residential real estat…

895.14 Tenders of money and property. 895.14(1)(1) Tender may be pleaded. The payment or tender of payment of the whole sum due on any contract for the payment of money, although made after the money has become due and payable, may be pleaded to an action subsequently brought in …

895.28 Remedies not merged. When the violation of a right admits of both a civil and criminal remedy the right to prosecute the one is not merged in the other.

895.33 Limitation of surety’s liability. Any person may limit the amount of liability as a surety upon any bond or other obligation required by law or ordered by any court, judge, municipal judge or public official for any purpose. The amount of the limited liability may be recit…

895.34 Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge o…

895.345 Justification of individual sureties. (1) This section shall apply to any bond or undertaking in an amount of more than $1,000 whereon individuals are offered as sureties, which is authorized or required by any provision of the statutes to be given or furnished in or in c…

895.346 Bail, deposit in lieu of bond. When any bond or undertaking is authorized in any civil or criminal action or proceeding, the would-be obligor may, in lieu thereof and with like legal effect, deposit with the proper court or officer cash or certified bank checks or U.S. bo…

895.35 Expenses in actions against municipal and other officers. (1) Whenever in any city, town, village, school district, technical college district or county charges of any kind are filed or an action is brought against any officer thereof in the officer’s official capacity, or…

895.36 Process against corporation or limited liability company officer. No process against private property shall issue in an action or upon a judgment against a public corporation or limited liability company or an officer or manager in his or her official capacity, when the li…

895.37 Abrogation of defenses in employee personal injury actions. (1) In any action to recover damages for a personal injury sustained within this state by an employee while engaged in the line of the employee’s duty as an employee, or for death resulting from personal injury so…

895.375 Abrogation of defense that contract was champertous. No action, special proceeding, cross complaint or counterclaim in any court shall be dismissed on the ground that a party to the action is a party to a contract savoring of champerty or maintenance unless the contract i…

895.42 Deposit of undistributed money and property by personal representatives and others. (1) (a) In this subsection, “trust company” means any trust company or any state or national bank in this state that is authorized to exercise trust powers. (b) If in any proceeding in any …

895.43 Intentional killing by beneficiary of contract. The rights of a beneficiary of a contractual arrangement who kills the principal obligee under the contractual arrangement are governed by s. 854.14. History: 1981 c. 228; 1987 a. 222; 1997 a. 188.

895.435 Intentional killing by beneficiary of certain death benefits. The rights of a beneficiary to receive benefits payable by reason of the death of an individual killed by the beneficiary are governed by s. 854.14. History: 1981 c. 228; 1987 a. 222; 1997 a. 188.

895.439 Sexual extortion; actions for. (1) Any person who suffers physical injury to his or her person, emotional distress, or loss of his or her property by reason of conduct that is prohibited under s. 942.095 has a civil cause of action against the person who caused the physic…

895.441 Sexual exploitation by a therapist; action for. (1) DEFINITIONS. In this section: (a) “Physician” has the meaning designated in s. 448.01 (5). (b) “Psychologist” means a person who practices psychology, as described in s. 455.01 (5). (c) “Psychotherapy” has the meaning de…

895.442 Sexual exploitation by a member of the clergy; action for. (1) DEFINITIONS. In this section: (a) “Member of the clergy” has the meaning given in s. 48.981 (1) (cx). (b) “Religious organization” means an association, conference, congregation, convention, committee, or othe…

895.443 Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for. (1) If a person suffers physical injury to his or her person or emotional distress or damage to or loss of his or her property by reason of conduct that is prohibited un…

895.444 Injury caused by criminal gang activity; action for. (1) DEFINITIONS. In this section: (a) “Criminal gang” has the meaning given in s. 939.22 (9). (b) “Criminal gang activity” has the meaning given in s. 941.38 (1) (b). (c) “Political subdivision” means a city, village, t…

895.445 Damage to certain machines; action for. (1) An owner of a machine operated by the insertion of coins, currency, debit cards or credit cards that is damaged by a person acting with the intent to commit a theft from that machine may bring an action against the person. (2) T…

895.446 Property damage or loss caused by crime; action for. (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.5…

895.447 Certain agreements to limit or eliminate tort liability void. (1) Any provision to limit or eliminate tort liability as a part of or in connection with any contract, covenant or agreement relating to the construction, alteration, repair or maintenance of a building, struc…

895.448 Safety devices on farm equipment, ordinary negligence. (1) In this section: (a) “Farm equipment” means a tractor or other machine used in the business of farming. (b) “Safety device” means a guard, shield or other part that has the purpose of preventing injury to humans. …

895.449 Action for loss caused by failure to pay for gasoline or diesel fuel. (1) In this section: (a) “Association” means a membership organization whose membership is composed of retail businesses that sell gasoline or diesel fuel. (b) “Fuel retailer” means a person who suffers…

895.45 Service representatives for adult abusive conduct complainants. (1) DEFINITIONS. In this section: (a) “Abusive conduct” means domestic abuse, as defined under s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1) (am) 4., sexua…