Wisconsin Statutes
Wis. Stat. § 893.57 (2026)
Intentional torts
✓ current as of July 2026
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893.57893.57 Intentional torts. An action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 3 years after the cause of action accrues or be barred.
893.57 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.21 (2) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.57 AnnotationThis section governs the intentional tort of bad faith by an insurer. Warmka v. Hartland Cicero Mutual Insurance Co., 136 Wis. 2d 31, 400 N.W.2d 923 (1987).
893.57 AnnotationA cause of action does not accrue until the plaintiff knows the tortfeasor’s identity or reasonably should have discovered it. Spitler v. Dean, 148 Wis. 2d 630, 436 N.W.2d 308 (1989).
893.57 AnnotationA physician’s intentional improper sexual touching of a patient was subject to this section governing intentional torts, not s. 893.55 governing medical malpractice. Deborah S.S. v. Yogesh N.G., 175 Wis. 2d 436, 499 N.W.2d 272 (Ct. App. 1993).
893.57 AnnotationA claim involving excessive use of force in an arrest constitutes an intentional tort subject to this section. Kofler v. Florence, 216 Wis. 2d 41, 573 N.W.2d 568 (Ct. App. 1997), 97-1922.
893.57 AnnotationThis section is applicable to a breach of fiduciary duty claim. Beloit Liquidating Trust v. Grade, 2004 WI 39, 270 Wis. 2d 356, 677 N.W.2d 298, 02-2035.
893.57 AnnotationA breach of the fiduciary duty of loyalty is an intentional tort subject to the statute of limitations in this section. Zastrow v. Journal Communications, Inc., 2006 WI 72, 291 Wis. 2d 426, 718 N.W.2d 51, 04-0276.
893.57 AnnotationThe notion that each “hit” or viewing of information on the Internet should be considered a new publication of allegedly defamatory statements that retriggers the statute of limitations is rejected. Ladd v. Uecker, 2010 WI App 28, 323 Wis. 2d 798, 780 N.W.2d 216, 09-0596.
893.57 AnnotationA tort to the person is a tort involving or consisting in an injury to one’s person, reputation, or feelings, as distinguished from an injury or damage to real or personal property. Because malicious prosecution is an intentional tort to the person, the two-year [now three-year] statute of limitations in this section applies. Turner v. Sanoski, 2010 WI App 92, 327 Wis. 2d 503; 787 N.W.2d 429, 09-1319.
893.57 AnnotationThis section applies to a claim alleging intentional trespass. Given that the phrase “to the person” must be given meaning, it may seem to connote a personal injury that is physical in nature. However, a tort “to the person” is a tort involving or consisting in an injury to one’s person, reputation, or feelings, as distinguished from an injury or damage to real or personal property. Intentional trespass is a personal tort: it is an offense against another’s possession, including the person’s right to exclude others from the person’s real property, and the corresponding feeling of security the person may achieve in doing so. Munger v. Seehafer, 2016 WI App 89, 372 Wis. 2d 749, 890 N.W.2d 22, 14-2594.
893.57 AnnotationThis section governed the plaintiff’s claim for intentional interference with contract. Tilstra v. Bou-Matic, LLC, 1 F. Supp. 3d 900 (2014).
Notes of Decisions
Cited in 111
cases (33 in the last 5 years), 1983–2026 · leading case: Zastrow v. Journal Commc'ns, Inc., 2006 WI 72 (Wis. 2006).
Zastrow v. Journal Commc'ns, Inc., 2006 WI 72 (Wis. 2006). “As a result, the two-year statute of limitations found in Wis. Stat. § 893.57 (2003-04), [2] which is applicable to intentional torts, requires dismissal of the lawsuit.”
Munger v. Seehafer, 2016 WI App 89 (Wis. Ct. App. 2016). “We hold that Wis. Stat. § 893.57 , which sets forth the limitations period for intentional torts, applies to a claim alleging intentional trespass.”
State Ex Rel. Mirbeau of Geneva Lake, LLC v. City of Lake Geneva, 746 F. Supp. 2d 1000 (E.D. Wis. 2010). “However, that very question was resolved last year by the Wisconsin Court of Appeals in an unpublished opinion 19 where the court explicitly held that a claim for tortious interference with contractual relations is governed by Wis. Stat. § 893.57 because such a claim is…”
Zastrow v. Journal Commc'ns, Inc., 2005 WI App 178 (Wis. Ct. App. 2005). “The trust was created in 1937 and, at all times relevant to this appeal, it owned 90% of Journal Communications' stock, with the remainder owned by one of the grantors or his heirs.”
Beloit Liquidating Trust v. Grade, 2004 WI 39 (Wis. 2004). “The motion further stated that both Beloit Corporation's and the creditors' breach of fiduciary duties claims were time-barred under the two-year statute of limitations set forth in Wis. Stat. § 893.57 . ¶ 12. Judge Timothy G.”
Turner v. SANOSKI, 787 N.W.2d 430 (Wis. Ct. App. 2010). “Turner argues the circuit court erred by concluding his claim was time-barred by the two-year statute of limitations set forth in Wis. Stat. § 893.57 . 1 We affirm. BACKGROUND ¶ 2.”
Sands v. Menard, 2016 WI App 76 (Wis. Ct. App. 2016). “Sands later moved for summary judgment on the counterclaim, asserting it was barred by the two-year statute of limitations in Wis. Stat. § 893.57 (2007-08). 14 *163 The circuit court agreed and granted Sands summary judgment on the counterclaim.”
Felder v. Casey, 487 U.S. 131 (1988). “[2] The court did not decide whether the § 1983 claim was to be governed by the 2-year statute of limitations applicable to intentional torts, Wis. Stat. § 893.57 (1983), or the 3-year statute of limitations applicable generally to "injuries to the person," § 893.”
Jones v. Secura Ins., 2002 WI 11 (Wis. 2002). “Although damages were not at issue, Warmka is significant because it clearly established that the tort of bad faith is governed by the two-year statute of limitations in Wis. Stat. § 893.57 . 8 Id. at 35 . We explicitly rejected the argument that a bad faith claim is governed by…”
Gouger v. Hardtke, 482 N.W.2d 84 (Wis. 1992). “, claiming that Gouger's action alleged an intentional tort and was barred by the two-year statute of limitations of sec. 893.57, Stats. [3] Hardtke supported the motion with an affidavit which described his throw as "a line drive" and admitted "that when he threw the soapstone,…”
Graham Cnty. Soil & Water Conservation Dist. v. United States Ex Rel. Wilson, 545 U.S. 409 (2005). “Code § 55-2-12 (Lexis 2000) (catchall); § 6C-1-4(a) (Lexis 2003) (retaliation action for whistle-blowers); Wis. Stat. § 893.57 (2003-2004) (intentional torts); Wyo.”
Beal v. Wyndham Vacation Resorts, Inc., 956 F. Supp. 2d 962 (W.D. Wis. 2013). “Under Wis. Stat. § 893.57 , “[a]n action to recover damages *973 for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 3 years after the cause of action accrues or be barred.”
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