CHAPTER 895
MISCELLANEOUS GENERAL PROVISIONS
895.01 What actions survive; actions not to abate.
895.02 Measure of damages against executor.
895.03 Recovery for death by wrongful act.
895.031 Recovery from estate of wrongdoer.
895.035 Parental liability for acts of minor child.
895.037 Abortions on or for a minor without parental consent or judicial waiver.
895.04 Plaintiff in wrongful death action.
895.045 Contributory negligence.
895.048 Recovery by auto or motorboat owner limited.
895.05 Damages in actions for libel.
895.052 Defamation by radio and television.
895.055 Gaming contracts void.
895.056 Recovery of money wagered.
895.057 Action against judicial officer for loss caused by misconduct.
895.06 Recovery of divisible personalty.
895.14 Tenders of money and property.
895.22 Wisconsin family month, week and Sunday.
895.23 Indian Rights Day.
895.28 Remedies not merged.
895.33 Limitation of surety's liability.
895.34 Renewal of sureties upon becoming insufficient and effects thereof.
895.345 Justification of individual sureties.
895.346 Bail, deposit in lieu of bond.
895.35 Expenses in actions against municipal and other officers.
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 Employe'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, health care at athletic events and hazardous substances.
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.
895.51 Liability exemption: food donation, sale or distribution.
895.515 Liability exemption; equipment or technology donation.
895.52 Recreational activities; limitation of property owners' liability.
895.525 Participation in recreational activities.
895.53 Liability exemption; tests for intoxication.
895.54 Liability exemption; notification of release.
895.55 Liability exemption; oil discharge control.
895.57 Damages; unauthorized release of animals.
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.
895.77 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, the following shall also survive: causes of action to determine paternity, for the recovery of personal property or the unlawful withholding or conversion of personal property, for the recovery of the possession of real estate and for the unlawful withholding of the possession of real estate, for assault and battery, false imprisonment, invasion of privacy, violation of
s. 968.31 (2m) or other damage to the person, for all damage done to the property rights or interests of another, for goods taken and carried away, for damages done to real or personal estate, equitable actions to set aside conveyances of real estate, to compel a reconveyance of real estate, or to quiet the title to real estate, and for a specific performance of contracts relating to real estate. 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 W (2d) 585, 760 (1975), 771;
1977 c. 176;
1987 a. 399;
1993 a. 481.
895.01 Annotation
Actions for criminal conversation or alienation of affections do not survive the death of one of the parties unless the complaint includes allegations showing financial damage to the plaintiff which would pecuniarily diminish his estate. Hanson v. Valdivia, 51 W (2d) 466, 187 NW (2d) 151.
895.01 Annotation
Punitive damages incident to damages for pain and suffering of decedent may be awarded to the estate. Wangen v. Ford Motor Co. 97 W (2d) 260, 294 NW (2d) 437 (1980).
895.01 Annotation
Paternity action may not be brought against deceased putative father. Paternity of N. L. B., 140 W (2d) 400, 411 NW (2d) 144 (Ct. App. 1987).
895.01 Annotation
Actions under 551.41 and 551.59 survive death of 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 W (2d) 585, 784 (1975);
1977 c. 176.
