893.52 Action for damages for injury to property.
(1) Except as provided in sub. (2) and in any other case where a different period is expressly prescribed, an action, not arising on contract, to recover damages for an injury to real or personal property shall be commenced within 6 years after the cause of action accrues or be barred.
(2) An action, not arising on contract, to recover damages for an injury to real or personal property that are caused or sustained by, or that arise from, an accident involving a motor vehicle shall be commenced within 3 years after the cause of action accrues or be barred.
History: 1979 c. 323; 2015 a. 133.
Judicial Council Committee's Note, 1979: This section is based upon previous s. 893.19 (5) which is split into 2 separate provisions. See s. 893.53 for the other provision. [Bill 326-A]
Section 893.19 (5) [now this section] applies to actions based on negligent construction of dwellings. The statute begins to run when the plaintiff suffers injury. Abramowski v. Wm. Kilps Sons Realty, Inc., 80 Wis. 2d 468, 259 N.W.2d 306 (1977).
The limitation period begins when evidence of resultant injury is sufficiently significant to alert the injured party to the possibility of a defect. Tallmadge v. Skyline Construction, Inc., 86 Wis. 2d 356, 272 N.W.2d 404 (Ct. App. 1978).
In actions for legal malpractice, the date of injury, rather than the date of the negligent act, commences the period of limitations. Auric v. Continental Casualty Co., 111 Wis. 2d 507, 331 N.W.2d 325 (1983).
A cause of action accrues when the negligent act occurs, or the last in a continuum of negligent acts occur, and the plaintiff has a basis for objectively concluding that the defendant caused injuries and damages. Koplin v. Pioneer Power & Light, 162 Wis. 2d 1, 469 N.W.2d 595 (1991).
This section permits parties to contract for lesser limitations periods and to specify the day the period begins to run, in which case the “discovery rule" does not apply. Keiting v. Skauge, 198 Wis. 2d 887, 543 N.W.2d 565 (Ct. App. 1995), 95-2259.
A claim for asbestos property damage accrues when the plaintiff is informed of the presence of asbestos and that precautions are necessary. Banc One Building Management Corp. v. W.R. Grace Co., 210 Wis. 2d 62, 565 N.W.2d 154 (Ct. App. 1997), 95-3193.
In the case of a claim for faulty workmanship, a builder's representation can result in a justifiable delay in discovering the cause of an injury. Whether the plaintiff's course of conduct is reasonable is a question of fact. Williams v. Kaerek Builders, Inc., 212 Wis. 2d 150, 568 N.W.2d 313 (Ct. App. 1997), 96-2396.
A plaintiff can rely on the discovery rule only if he or she has exercised reasonable diligence. Jacobs v. Nor-Lake, 217 Wis. 2d 625, 579 N.W.2d 254 (Ct. App. 1998), 97-1740.
A party's deficient performance of a contract does not give rise to a tort claim. There must be a duty independent of the contract for a cause of action in tort. Atkinson v. Everbrite, Inc., 224 Wis. 2d 724, 592 N.W.2d 299 (Ct. App. 1999), 98-1806.
The accrual of a stray voltage claim is governed by the discovery rule. When the defendant utility went to the farm three times and found no problem, the plaintiff could not be faulted for accepting the results of the utility's testing and continuing to search for other possible sources of the problem. Allen v. PSC, 2005 WI App 40, 279 Wis. 2d 488, 694 N.W.2d 420, 03-2690.
Section 893.57, and not this section, applies to a claim alleging intentional trespass. Because the existence of damages for injury to real property is not necessary to maintain a claim for intentional trespass, sub. (1) cannot govern an intentional trespass claim. Munger v. Seehafer, 2016 WI App 89, 372 Wis. 2d 749, 890 N.W.2d 22, 14-2594.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
893.01 - Civil actions; objection as to time of commencing.
893.02 - Action, when commenced.
893.04 - Computation of period within which action may be commenced.
893.05 - Relation of statute of limitations to right and remedy.
893.07 - Application of foreign statutes of limitation.
893.10 - Actions, time for commencing.
893.11 - Extension of time if no person to sue.
893.12 - Advance payment of damages; limitation extended.
893.13 - Tolling of statutes of limitation.
893.135 - Tolling of statute of limitations for marital property agreements.
893.137 - Tolling of statute of limitations for certain time-share actions.
893.14 - Limitation on use of a right of action as a defense or counterclaim.
893.15 - Effect of an action in a non-Wisconsin forum on a Wisconsin cause of action.
893.16 - Person under disability.
893.17 - Transition; limitation if disability exists; temporary.
893.18 - Transition; persons under disability.
893.19 - Limitation when person out of state.
893.20 - Application to alien enemy.
893.21 - Effect of military exemption from civil process.
893.22 - Limitation in case of death.
893.24 - Adverse possession; section lines.
893.25 - Adverse possession, not founded on written instrument.
893.26 - Adverse possession, founded on recorded written instrument.
893.27 - Adverse possession; founded on recorded title claim and payment of taxes.
893.28 - Prescriptive rights by adverse user.
893.29 - No adverse possession by or against the state or political subdivisions.
893.30 - Presumption from legal title.
893.305 - Affidavit of interruption; adverse possession and prescriptive use.
893.31 - Tenant's possession that of landlord.
893.32 - Entry upon real estate, when valid as interruption of adverse possession.
893.33 - Action concerning real estate.
893.34 - Immunity for property owners.
893.35 - Action to recover personal property.
893.38 - Extension of certain approvals.
893.40 - Action on judgment or decree; court of record.
893.41 - Breach of contract to marry; action to recover property.
893.415 - Action to collect support.
893.42 - Action on a judgment of court not of record.
893.425 - Fraudulent transfers.
893.44 - Compensation for personal service.
893.45 - Acknowledgment or new promise.
893.46 - Acknowledgment, who not bound by.
893.47 - Actions against parties jointly liable.
893.48 - Payment, effect of, not altered.
893.49 - Payment by one not to affect others.
893.51 - Action for wrongful taking of personal property.
893.52 - Action for damages for injury to property.
893.53 - Action for injury to character or other rights.
893.54 - Injury to the person.
893.55 - Medical malpractice; limitation of actions; limitation of damages; itemization of damages.
893.555 - Limitation of damages; long-term care providers.
893.56 - Health care providers; minors actions.
893.58 - Actions concerning seduction.
893.585 - Sexual exploitation by a therapist.
893.587 - Sexual assault of a child; limitation.
893.59 - Actions concerning damage to highway or railroad grade.
893.60 - What actions not affected.
893.61 - Contract for payment of money; governmental subdivisions.
893.62 - Action concerning usury.
893.63 - Actions on cashier's check, certified check, or bank money order.
893.64 - Actions upon accounts.
893.65 - Bank bills not affected.
893.66 - Certified public accountants; limitations of actions.
893.70 - Action against certain officials.
893.71 - County seat; contesting change.
893.72 - Actions contesting special assessment.
893.73 - Actions contesting governmental decisions.
893.735 - Action by prisoner contesting a governmental decision.
893.74 - School district; contesting validity.
893.75 - Limitation of action attacking municipal contracts.
893.76 - Order to repair or remove building or restore site; contesting.
893.765 - Order to remove wharves or piers in navigable waters; contesting.
893.77 - Validity of municipal obligation.
893.82 - Claims against state employees; notice of claim; limitation of damages.
893.825 - Statutory challenges.
893.85 - Action concerning old-age assistance lien.
893.86 - Action concerning recovery of legal fees paid for indigents.
893.87 - General limitation of action in favor of the state.
893.89 - Action for injury resulting from improvements to real property.
893.895 - Real estate appraisers; limitations of actions.
893.90 - Bond; campaign financing; lobbying.
893.91 - Action for expenses related to a forest fire.
893.92 - Action for contribution.
893.925 - Action for certain damages related to mining.
893.93 - Miscellaneous actions.
893.94 - Organized crime control; civil remedies.
893.95 - Unclaimed property; civil remedies.
893.96 - Family leave and medical leave; civil remedies.
893.965 - Bone marrow and organ donation leave; civil remedies.
893.97 - Business closing notification.