893.53 Action for injury to character or other rights. An action to recover damages for an injury to the character or rights of another, not arising on contract, shall be commenced within 3 years after the cause of action accrues, except where a different period is expressly prescribed, or be barred.
History: 1979 c. 323; 2017 a. 235.
Judicial Council Committee's Note, 1979: This section is based upon previous s. 893.19 (5) which is split into 2 provisions. See s. 893.52 for the other provision. [Bill 326]
This section applies to legal malpractice actions that sound in tort. Acharya v. Carroll, 152 Wis. 2d 330, 448 N.W.2d 275 (Ct. App. 1989).
The application of the discovery rule to legal malpractice actions is discussed. Hennekens v. Hoerl, 160 Wis. 2d 144, 465 N.W.2d 812 (1991).
This section and the discovery rule apply to engineering malpractice actions. Milwaukee Partners v. Collins Engineers, 169 Wis. 2d 355, 485 N.W.2d 274 (Ct. App. 1992).
This section is the state's general and residual personal injury statute of limitations and is applicable to 42 USC 1983 actions. Hemberger v. Bitzer, 216 Wis. 2d 509, 574 N.W.2d 656 (1998), 96-2973.
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.
Even though a plaintiff might plead and testify to having suffered emotional distress on account of a lawyer's malpractice, that fact does not convert the claim into one seeking redress for injuries to the person. The underlying injuries in a legal malpractice claim are to rights and interests of a plaintiff that go beyond, or at least are different from, injuries to his or her person under s. 893.54. Hicks v. Nunnery, 2002 WI App 87, 253 Wis. 2d 721, 643 N.W.2d 809, 01-0751.
The residual or general personal injury statute of limitations applies to 42 USC 1983 actions. Owens v. Okure, 488 U.S. 235, 109 S. Ct. 573, 102 L. Ed. 2d 594 (1989).
While the court borrows the state's limitations period for an action under 42 USC 1983, federal law determines the action's accrual date. Because habeas corpus is the exclusive remedy for a state prisoner who challenges the fact or duration of his confinement and seeks immediate or speedier release, any section 1983 action challenging the fact or length of confinement does not accrue until the underlying confinement has been invalidated through a direct appeal, post-conviction relief, or some other means. Huber v. Anderson, 909 F.3d 201 (2018).
This section applies to actions under Title II of the federal Americans With Disabilities Act. Doe v. Milwaukee County, 871 F. Supp. 1072 (1995).
Cross-reference: See also the notes to s. 893.54 for additional treatments of 42 USC 1983.
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.