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Wis. Stat. § 895.01

What actions survive; actions not to abate

Applied in 25 court decisions — leading case Gumz v. Morrissette (1985)

Most recently applied in Robert McDaniel v. Salam Syed (September 2024)

Sup

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 withholding or conversion of personal property. 3. Causes of action for the recovery of the possession of real estate and for the unlawful withholding of the possession of real estate. 4. Causes of action for assault and battery. 5. Causes of action for false imprisonment. 6. Causes of action for invasion of privacy. 7. Causes of action for a violation of s. 968.31 (2m) or other damage to the person. 8. Causes of action for all damage done to the property rights or interests of another. 9. Causes of action for goods taken and carried away. 10. Causes of action for damages done to real or personal estate. 11. Equitable actions to set aside conveyances of real estate. 12. Equitable actions to compel a reconveyance of real estate. 13. Equitable actions to quiet the title to real estate. 14. Equitable actions for specific performance of contracts relating to real estate.

(bm) 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.

(2) An action does not abate by the occurrence of any event if the cause of action survives or continues.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.