Wisconsin § 893.04 - Computation of period within which action may be commenced.

§ 893.04. Computation of period within which action may be commenced.

Unless otherwise specifically prescribed by law, a period of limitation within which an action may be commenced is computed from the time that the cause of action accrues until the action is commenced. 893.04 History History: 1979 c. 323 . 893.04 Note Judicial Council Committee’s Note, 1979: Previous section 893.48 is repealed and sections 893.04 and 893.14 created for the purpose of clarity. See Denzer v. Rouse, 48 Wis. 2d 528 , 180 N.W.2d 521 (1970) for a discussion of when a cause of action accrues, citing Holifield v. Setco Industries, Inc. 42 Wis. 2d 750 , 168 N.W.2d 177 (1969). [Bill 326-A] 893.04 Annotation In attorney malpractice actions, as in medical malpractice cases, when the date of the negligence and the date of injury are the same, the statute of limitations runs from that date, for that is the time when the cause of action accrues. Denzer v. Rouse, 48 Wis. 2d 528 , 180 N.W.2d 521 (1970). 893.04 Annotation The loss of the right to a patent is the loss of the right to exclude others, and, therefore, the injury occurred on the date that the right to the patent was lost. Boehm v. Wheeler, 65 Wis. 2d 668 , 223 N.W.2d 536 (1974). 893.04 Annotation Because s. 67.11 requires moneys in a sinking fund to remain inviolate until the bonds are retired, a cause of action regarding the fund could only accrue at retirement. Joint School District No. 1 v. City of Chilton, 78 Wis. 2d 52 , 253 N.W.2d 879 (1977). 893.04 Annotation A tort claim accrues when the injury is discovered or reasonably should have been discovered. This “discovery rule” applies to all tort actions other than those governed by a statutory discovery rule. Hansen v. A.H. Robins Co., 113 Wis. 2d 550 , 335 N.W.2d 578 (1983). 893.04 Annotation When the plaintiff’s early subjective lay person’s belief that a furnace caused the injury was contradicted by examining physicians, the cause of action against the furnace company did not accrue until the plaintiff’s suspicion was confirmed by later medical diagnosis. Borello v. U.S. Oil Co., 130 Wis. 2d 397 , 388 N.W.2d 140 (1986). 893.04 Annotation Claimed ignorance of, and a blatant failure to follow, applicable regulations cannot be construed as reasonable diligence in discovering an injury when following the rules would have resulted in earlier discovery. Stroh Die Casting Co. v. Monsanto Co., 177 Wis. 2d 91 , 502 N.W.2d 132 (Ct. App. 1993). 893.04 Annotation The day upon which a cause of action accrues is not included in computing the period of limitation. Pufahl v. Williams, 179 Wis. 2d 104 , 506 N.W.2d 747 (1993). 893.04 Annotation The discovery rule does not allow a plaintiff to delay the statute of limitations until the extent of the injury is known. The statute begins to run when the plaintiff has sufficient evidence that a wrong has been committed by an identified person. Pritzlaff v. Archdiocese of Milwaukee, 194 Wis. 2d 302 , 533 N.W.2d 780 (1995). 893.04 Annotation A plaintiff can rely on the discovery rule only if the plaintiff has exercised reasonable diligence. Jacobs v. Nor-Lake, Inc., 217 Wis. 2d 625 , 579 N.W.2d 254 (Ct. App. 1998), 97-1740 . 893.04 Annotation The discovery rule applies to statutes of limitations that limit the time to sue from the time when the action “accrues,” being the time of discovery. The discovery rule does not apply to a statute of repose, a statute that specifies the time of accrual and limits the time suit can be brought from that specified date. Tomczak v. Bailey, 218 Wis. 2d 245 , 578 N.W.2d 166 (1998), 95-2733 . 893.04 Annotation The discovery rule does not extend to causes of action not sounding in tort. State v. Chrysler Outboard Corp., 219 Wis. 2d 130 , 580 N.W.2d 203 (1998), 96-1158 . 893.04 Annotation Knowing that a particular product caused an injury, an injured party cannot extend the accrual date for a cause of action against the product’s manufacturer due to the subsequent discovery of possible connections between that product and another manufacturer’s product in causing the injury. Baldwin v. Badger Mining Corp., 2003 WI App 95 , 264 Wis. 2d 301 , 663 N.W.2d 382 , 02-1197 . 893.04 Annotation The discovery rule permits the accrual of both survival claims and wrongful death claims to occur after the date of the decedent’s death. In the absence of a legislatively created rule to the contrary, these claims accrue when there is a claim capable of present enforcement, a suable party against whom it may be enforced, and a party who has a present right to enforce it. Christ v. Exxon Mobil Corp., 2015 WI 58 , 362 Wis. 2d 668 , 866 N.W.2d 602 , 12-1493 . 893.04 Annotation Discovery occurs when the plaintiff has information that would constitute the basis for an objective belief as to the plaintiff’s injury and its cause. The degree of certainty that constitutes sufficient knowledge is variable, depending on the particular facts and circumstances of the plaintiff. With corporate players, a different quantum of expertise and knowledge is in play. Wisconsin courts have recognized that ignorance is a less compelling excuse for corporate enterprises in the context of the discovery rule. KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., 763 F.3d 743 (2014). 893.04 Annotation Computing Time in Tort Statutes of Limitation. Ghiardi. 64 MLR 575 (1981). 893.04 Annotation Computing Time in Statutes of Limitation. Ghiardi. Wis. Law. Mar. 1993.