Wisconsin Statutes & Annotations
Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.
895.038 - Partial-birth abortions; liability.

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 appropriate relief against a person who performs a partial-birth abortion:
1. If the person on whom a partial-birth abortion was performed was a minor, the parent of the minor.
2. The father of the child aborted by the partial-birth abortion.
(b) A person specified in par. (a) 1. or 2. does not have a claim under par. (a) if any of the following apply:
1. The person consented to performance of the partial-birth abortion.
2. The pregnancy of the woman on whom the partial-birth abortion was performed was the result of a sexual assault in violation of s. 940.225, 944.06, 948.02, 948.025, 948.06, 948.085, or 948.09 that was committed by the person.
(3) The relief available under sub. (2) shall include all of the following:
(a) If the abortion was performed in violation of s. 940.16, damages arising out of the performance of the partial-birth abortion, including damages for personal injury and emotional and psychological distress.
(b) Exemplary damages equal to 3 times the cost of the partial-birth abortion.
(4) Subsection (2) applies even if the mother of the child aborted by the partial-birth abortion consented to the performance of the partial-birth abortion.
History: 1997 a. 219; 2005 a. 277.
A Nebraska statute that provided that no partial birth abortion can be performed unless it is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury is unconstitutional. Stenberg v. Carhart, 530 U.S. 914, 120 S. Ct. 2597, 147 L. Ed. 2d 743 (2000).
The federal Partial-Birth Abortion Ban Act of 2003 is distinguishable from Stenberg and is constitutional. Gonzales v. Carhart, 550 U.S. 124, 127 S. Ct. 1610; 167 L. Ed. 2d 480 (2007).
Enforcement of s. 940.16 is enjoined under Carhart. Hope Clinic v. Ryan, 249 F.3d 603 (2001).

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.

895.01 - What actions survive; actions not to abate.

895.02 - Measure of damages against personal representative.

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.

895.038 - Partial-birth abortions; liability.

895.04 - Plaintiff in wrongful death action.

895.043 - Punitive damages.

895.044 - Damages for maintaining certain claims and counterclaims.

895.045 - Contributory negligence.

895.046 - Remedies against manufacturers, distributors, sellers, and promoters of products.

895.047 - Product liability.

895.048 - Recovery by auto or motorboat owner limited.

895.049 - Recovery by a person who fails to use protective headgear while operating certain motor vehicles.

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.

895.065 - Radioactive waste emergencies.

895.07 - Claims against contractors and suppliers.

895.08 - Sport shooting ranges; actions related to safety.

895.09 - Scrap metal or plastic bulk merchandise container theft; civil liability.

895.10 - Tort actions in residential real estate transactions.

895.14 - Tenders of money and property.

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 corporation or limited liability company officer.

895.37 - Abrogation of defenses in employee personal injury actions.

895.375 - Abrogation of defense that contract was champertous.

895.42 - Deposit of undistributed money and property by personal representatives and others.

895.43 - Intentional killing by beneficiary of contract.

895.435 - Intentional killing by beneficiary of certain death benefits.

895.441 - Sexual exploitation by a therapist; action for.

895.442 - Sexual exploitation by a member of the clergy; action for.

895.443 - Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.

895.444 - Injury caused by criminal gang activity; action for.

895.445 - Damage to certain machines; action for.

895.446 - Property damage or loss caused by crime; action for.

895.447 - Certain agreements to limit or eliminate tort liability void.

895.448 - Safety devices on farm equipment, ordinary negligence.

895.449 - Action for loss caused by failure to pay for gasoline or diesel fuel.

895.45 - Service representatives for adult abusive conduct complainants.

895.453 - Payments of chiropractic services from attorney contingency fees.

895.455 - Limits on recovery by prisoners.

895.457 - Limiting felon's right to damages.

895.46 - State and political subdivisions thereof to pay judgments taken against officers.

895.463 - Zoning ordinances.

895.47 - Indemnification of the Wisconsin State Agencies Building Corporation and the Wisconsin State Public Building Corporation.

895.472 - Indemnification of a financial institution.

895.475 - Exemption from civil liability for furnishing safety inspection or advisory services.

895.476 - Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.

895.478 - Civil liability exemption; opioid antagonists.

895.48 - Civil liability exemption; emergency medical care.

895.4801 - Immunity for health care providers during COVID-19 emergency.

895.4802 - Civil liability exemption; hazardous materials.

895.4803 - Civil liability exemption; 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 local emergency response teams and their sponsoring agencies.

895.484 - Civil liability exemption; entering a vehicle to render assistance.

895.485 - Civil liability exemption; out-of-home care providers and child-placing agencies.

895.486 - Civil immunity exemption; reports of insurance fraud.

895.487 - Civil liability exemption; employment references.

895.488 - Civil liability exemption; owner or person in lawful possession of the premises.

895.489 - Civil liability exemption; tenancy references.

895.492 - Civil liability exemption; certificate of qualification for employment.

895.497 - Civil liability exemption: furnishing safety services relating to child safety restraint systems.

895.501 - Civil liability exemption; credit card reencoders and scanning devices.

895.506 - Civil liability exemption; weight gain and obesity claims.

895.508 - Liability exemption; provision of previously owned eyeglasses.

895.51 - Civil liability exemption: food or emergency household products; emergency medical supplies; donation, sale, or distribution.

895.512 - Civil liability exemption; access to toilet facility.

895.514 - Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.

895.515 - Civil liability exemption; equipment or technology donation.

895.517 - Civil liability exemption: solid waste donation or sale.

895.519 - Civil liability exemption; private campgrounds.

895.52 - Recreational activities; limitation of property owners' liability.

895.523 - Recreational activities in a school building or on school grounds; limitation of liability.

895.524 - Participation in an agricultural tourism activity; limitations on civil liability, assumption of risk.

895.525 - Participation in recreational activities; restrictions on civil liability, assumption of risk.

895.526 - Participation in an alpine sport; restrictions on civil liability, assumption of risk.

895.5265 - Civil liability exemption; placement of certain structures in waterways.

895.527 - Sport shooting range activities; limitations on liability and restrictions on operation.

895.528 - Civil liability exemption; placement of markers in waterways.

895.529 - Civil liability limitation; duty of care owed to trespassers.

895.53 - Civil and criminal liability exemption; tests for intoxication.

895.535 - Civil and criminal liability exemption; body cavity search.

895.537 - Liability exemption; sexual assault evidence collection.

895.54 - Liability exemption; notification of release.

895.55 - Liability exemption; oil discharge control.

895.555 - Civil liability exemption; anhydrous ammonia.

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.

895.61 - Asbestos successor corporation; limitation on liability.

895.62 - Use of force in response to unlawful and forcible entry into a dwelling, motor vehicle, or place of business; civil liability immunity.

895.65 - Definitions.

895.66 - Mandatory disclosures.

895.67 - Approval of transfers of structured settlement payment rights.

895.68 - Effects of transfer of structured settlement payment rights.

895.69 - Procedure.

895.70 - General provisions.