Wisconsin Statutes
Wis. Stat. § 893.18 (2026)
Transition; persons under disability
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
893.18(1)(1) This section does not apply to a cause of action which accrues on or after July 1, 1980 or to s. 893.41, 893.59, 893.62, 893.73 to 893.76, 893.77 (3), 893.86 or 893.91 or subch. VIII.
893.18(2)(2) Except as provided in sub. (2m), and except in actions for the recovery of a penalty or forfeiture, actions against a sheriff or other officer for an escape, or actions for the recovery or possession of real property, if a person entitled to bring an action mentioned in this chapter was at the time the cause of action accrued under any of the following disabilities, the time of the disability is not a part of the time limited for the commencement of the action:
893.18(2)(a)(a) The person is under the age of 18 years, except for actions against health care providers.
893.18(2)(c)(c) The person is imprisoned on a criminal charge or in execution under sentence of a criminal court for a term less than life.
893.18(2m)(2m) The period within which an action must be brought cannot be extended under sub. (2) more than 5 years by any disability, except infancy, nor can that period be so extended, in any case, longer than one year after the disability ceases.
893.18(3)(3) A disability does not exist, for the purpose of this section, unless it existed when the cause of action accrued.
893.18(4)(4) When 2 or more disabilities coexist at the time the cause of action accrues the period of limitation does not attach until they all are removed.
893.18 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.33 of the statutes renumbered for more logical placement in restructured ch. 893 and amended to make its disability provisions applicable only to a cause of action which accrues prior to July 1, 1980. The general disability provisions in s. 893.16 applicable to all statutes of limitation in ch. 893 apply to all causes of action which occur on or after July 1, 1980. [Bill 326-A]
893.18 AnnotationBecause the parents’ claim arising from injury to their minor child was filed along with the child’s claim within the time period for the child’s claim, the parents’ claim was not barred by s. 893.54. Korth v. American Family Insurance Co., 115 Wis. 2d 326, 340 N.W.2d 494 (1983).
893.18 AnnotationAn estate’s survival claim under s. 895.01 is not tolled by sub. (2) if the only beneficiaries of the estate are minors. Lord v. Hubbell, Inc., 210 Wis. 2d 150, 563 N.W.2d 913 (Ct. App. 1997), 96-1031.
893.18 AnnotationA parent’s claim for negligent infliction of emotional distress arising from the same act as the child’s injury benefits from the child’s tolling period. Carlson v. Tschopp-Durch-Camastral Co., 755 F. Supp. 847 (1991).
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1982–2022 · leading case: Donald Christ v. Exxon Mobil Corp., 2015 WI 58 (Wis. 2015).
Donald Christ v. Exxon Mobil Corp., 2015 WI 58 (Wis. 2015). “2d 177 (1969) (concluding that an action for wrongful 5 If a potential beneficiary of a wrongful death claim is a minor child, the period of limitations in which to bring the action may be tolled by Wis. Stat. § 893.18 (2)(a). Section 893.18(2)(a) does not apply to plaintiffs in…”
Lord v. Hubbell, Inc., 563 N.W.2d 913 (Wis. Ct. App. 1997). “, is tolled by § 893.18(2), STATS., because the only beneficiaries of the estate are the two minor Lords.”
Zielke v. Wausau Mem'l Hosp., 529 F. Supp. 571 (W.D. Wis. 1982). “Section 893.18 applies to any cause of action which accrued before July 1, 1980, in which (2) .”
State v. Holland Plastics Co., 331 N.W.2d 320 (Wis. 1983). “The issues considered on appeal are: 1) Is an action by the state for negligent construction and breach of contract governed by the ten year statute of limitations contained in sec. 893.18(6), Stats. 1971, 1 (now sec. 893.”
Bell v. Cnty. of Milwaukee, 396 N.W.2d 328 (Wis. 1986). “[5] Section 893.18(2), Stats., provides: "893.”
Haferman v. St. Clare Healthcare Found., Inc., 2004 WI App 206 (Wis. Ct. App. 2004). “§ 893.18 [3] in Zielke v. Wausau Memorial Hospital, 529 F.”
Patricia A. Johnson v. Michael R. Masters, 2013 WI 43 (Wis. 2013). “§ 893.18 (1) (1977-78). 7 No. 2011AP1240.”
Dairyland Power Coop. v. Amax Inc., 700 F. Supp. 979 (W.D. Wis. 1986). “Plaintiff argues that that the ten-year limitations period of Wis.Stat. § 893.18(4) (1977) applies. Section 893.”
Korth v. Am. Fam. Ins. Co., 340 N.W.2d 494 (Wis. 1983). “Sec. 893.18(2), Stats. 1981-82, tolls the statute of limitations for a person under 18 until one year after the person’s eighteenth birthday.”
Ostrander Ex Rel. Ostrander v. Cone Mills, Inc., 445 N.W.2d 240 (Minn. 1989). “[1] The Wisconsin statute tolling the statute of limitations during minority cited in Korth , was Wis. Stat. § 893.18 (2) (1982), which provided: If a person entitled to bring an action mentioned in this chapter, except actions for the recovery of a penalty or forfeiture or…”
Kempfer v. Evers, 395 N.W.2d 812 (Wis. Ct. App. 1986). “He also contends that the statutory limitation should have been tolled under sec. 893.18, Stats., because of his mental disability.”
Carlson ex rel. Jendrzejek v. Tschopp-Durch-Camastral Co., 755 F. Supp. 847 (W.D. Wis. 1991). “Plaintiffs’ argument is that Mary Carlson’s claim is not barred because it is covered by Wis.Stat. § 893.18(2), which tolls the running of the statute of limitations in § 893.”
— Wis. Stat. § 893.18(2) — 5 cases
Lord v. Hubbell, Inc., 563 N.W.2d 913 (Wis. Ct. App. 1997). “, is tolled by § 893.18(2), STATS., because the only beneficiaries of the estate are the two minor Lords.”
Bell v. Cnty. of Milwaukee, 396 N.W.2d 328 (Wis. 1986). “[5] Section 893.18(2), Stats., provides: "893.”
Korth v. Am. Fam. Ins. Co., 340 N.W.2d 494 (Wis. 1983). “Sec. 893.18(2), Stats. 1981-82, tolls the statute of limitations for a person under 18 until one year after the person’s eighteenth birthday.”
Carlson ex rel. Jendrzejek v. Tschopp-Durch-Camastral Co., 755 F. Supp. 847 (W.D. Wis. 1991). “Plaintiffs’ argument is that Mary Carlson’s claim is not barred because it is covered by Wis.Stat. § 893.18(2), which tolls the running of the statute of limitations in § 893.”
Est. of Mark David Cohen v. Trinity Health Mgmt., LLC, 2022 WI App 26 (Wis. Ct. App. 2022).
— Wis. Stat. § 893.18(2)(a) — 1 case
Donald Christ v. Exxon Mobil Corp., 2015 WI 58 (Wis. 2015). “2d 177 (1969) (concluding that an action for wrongful 5 If a potential beneficiary of a wrongful death claim is a minor child, the period of limitations in which to bring the action may be tolled by Wis. Stat. § 893.18 (2)(a). Section 893.18(2)(a) does not apply to plaintiffs in…”
— Wis. Stat. § 893.18(2)(c) — 1 case
Zielke v. Wausau Mem'l Hosp., 529 F. Supp. 571 (W.D. Wis. 1982). “Section 893.18 applies to any cause of action which accrued before July 1, 1980, in which (2) .”
— Wis. Stat. § 893.18(4) — 1 case
Dairyland Power Coop. v. Amax Inc., 700 F. Supp. 979 (W.D. Wis. 1986). “Plaintiff argues that that the ten-year limitations period of Wis.Stat. § 893.18(4) (1977) applies. Section 893.”
— Wis. Stat. § 893.18(6) — 1 case
State v. Holland Plastics Co., 331 N.W.2d 320 (Wis. 1983). “The issues considered on appeal are: 1) Is an action by the state for negligent construction and breach of contract governed by the ten year statute of limitations contained in sec. 893.18(6), Stats. 1971, 1 (now sec. 893.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.