Wis. Stat. » CHAPTER 893 — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS
Wisconsin Statutes

Wis. Stat. § 893.53 (2026)

Action for injury to character or other rights

✓ current as of July 2026
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893.53893.53 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.
893.53 HistoryHistory: 1979 c. 323; 2017 a. 235.
893.53 NoteJudicial 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]
893.53 AnnotationThis 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).
893.53 AnnotationDiscussing the application of the discovery rule to legal malpractice actions. Hennekens v. Hoerl, 160 Wis. 2d 144, 465 N.W.2d 812 (1991).
893.53 AnnotationThis section and the discovery rule apply to engineering malpractice actions. Milwaukee Partners v. Collins Engineers, Inc., 169 Wis. 2d 355, 485 N.W.2d 274 (Ct. App. 1992).
893.53 AnnotationThis 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.
893.53 AnnotationA 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.
893.53 AnnotationEven 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 the plaintiff’s person under s. 893.54. Hicks v. Nunnery, 2002 WI App 87, 253 Wis. 2d 721, 643 N.W.2d 809, 01-0751.
893.53 AnnotationThe 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).
893.53 AnnotationWhile 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 the prisoner’s 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).
893.53 AnnotationThis section applies to actions under Title II of the federal Americans with Disabilities Act. Doe v. County of Milwaukee, 871 F. Supp. 1072 (1995).
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893.53 Cross-referenceCross-reference: See also the notes to s. 893.54 for additional treatments of 42 USC 1983.
Notes of Decisions
Cited in 182 cases (110 in the last 5 years), 1985–2026 · leading case: Hemberger v. Bitzer, 574 N.W.2d 656 (Wis. 1998).
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Hemberger v. Bitzer, 574 N.W.2d 656 (Wis. 1998). · cites it 44× “Because Wis. Stat. § 893.53 (1991-92), 1 *511 providing a six-year statute of limitations, is Wisconsin's residual personal injury statute of limitations, we conclude that Hemberger's action was timely filed.”
Hicks v. Nunnery, 2002 WI App 87 (Wis. Ct. App. 2002). · cites it 14× “§ 893.53, which allows six years to bring an action for "injury to the character or rights of another.”
Saldivar v. Cadena, 622 F. Supp. 949 (W.D. Wis. 1985). · cites it 15× “Wis.Stat. § 893.53 (1983-84) provides a six year period for the bringing of suits for injuries to “character or rights”: An action to recover damages for an injury to the character or rights of another, not arising on contract, shall be commenced within 6 years after the cause…”
Hennekens v. Hoerl, 465 N.W.2d 812 (Wis. 1991). · cites it 6× “, is the statute of limitations applicable to a legal malpractice action.”
Zastrow v. Journal Commc'ns, Inc., 2006 WI 72 (Wis. 2006). · cites it 4× “Section 893.53 states: An action to recover damages for an injury to the character or rights of another, not arising on contract, shall be commenced within 6 years after the cause of action accrues, except where a different period is expressly prescribed, or be barred.”
Charles Beal, Jr. v. James Beller, 847 F.3d 897 (7th Cir. 2017). “See Wis. Stat. § 893.53 ; Malone v. Corrections Corp.”
Beloit Liquidating Trust v. Grade, 2004 WI 39 (Wis. 2004). · cites it 3× “Moreover, the Trust contends that its breach of fiduciary duty claims are governed by the six-year *373 statute of limitations found in Wis. Stat. § 893.53 . 12 The statute of limitations, the Trust contends, was tolled by either the adverse domination doctrine or the discovery…”
State Ex Rel. Mirbeau of Geneva Lake, LLC v. City of Lake Geneva, 746 F. Supp. 2d 1000 (E.D. Wis. 2010). · cites it 6× “17 The plaintiff contends that the *1014 statute of limitations for an action for tortious interference with contractual relations is six years as prescribed in Wis. Stat. § 893.53 . Section 893.53 is the state’s residual personal injury statute of limitations and should apply…”
Welter v. City of Milwaukee, 571 N.W.2d 459 (Wis. Ct. App. 1997). · cites it 6× “The City contends that the applicable statute of limitations is the one specified in § 893.53, Stats. — "injury to . . . rights of another, not *497 arising on contract.”
Robert Huber v. Gloria Anderson, 909 F.3d 201 (7th Cir. 2018). “See Wis. Stat. § 893.53 (2016), amended by 2017 Wis.”
P.V.N. Acharya v. Carroll, 448 N.W.2d 275 (Wis. Ct. App. 1989). · cites it 5× “the courts have concluded that legal malpractice does not cause personal injuries and, therefore, is not governed by a personal injury tort statute of limitations." 2 R. Mallen & J. Smith, supra, sec.”
Milwaukee Partners v. Collins Engineers, Inc., 485 N.W.2d 274 (Wis. Ct. App. 1992). · cites it 6× “Section 893.53, Stats., provides, in pertinent part, that " [a]n action to recover damages for an injury to the .”
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