893.16 Person under disability.
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/wi/chapter-893/893-16-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
893.16 Person under disability.
(1)If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or mentally ill, the action may be commenced within 2 years after the disability ceases, except that where the disability is due to mental illness, the period of limitation prescribed in this chapter may not be extended for more than 5 years.
(2)Subsection
(1)does not shorten a period of limitation otherwise prescribed.
(3)A disability does not exist, for the purposes of this section, unless it existed when the cause of action accrues.
(4)When 2 or more disabilities coexist at the time the cause of action accrues, the 2-year period specified in sub.
(1)does not begin until they all are removed.
(5)This section applies only to statutes in this chapter limiting the time for commencement of an action or assertion of a defense or counterclaim except it does not apply to:
(a)Actions for the recovery of a penalty or forfeiture or against a sheriff or other officer for escape;
(b)Extend the time limited by s. 893.33 , 893.41 , 893.59 , 893.62 , 893.73 to 893.76 , 893.77
(3), 893.86 or 893.91 or subch. VIII for commencement of an action or assertion of a defense or counterclaim; or
(c)A cause of action which accrues prior to July 1, 1980.
893.16 Note Judicial Council Committee’s Note, 1979: This section is based on present ss. 893.135, 893.33, 893.37 and 893.38. Previous ss. 893.135 and 893.33 stated that the time of disability is not counted as the running of a statute of limitation and further stated that an action could be brought within a specified time after the disability ceased. This is inherently inconsistent and is replaced in s. 893.16 by the simple provision that the action may be commenced within 2 years after the disability ceases. Changes from previous s. 893.135 are:
893.16 Note
(a)The period within which to sue after the period of disability ends is reduced from 5 years to 2 years.
893.16 Note
(b)The maximum extension time available to those under disability of insanity or imprisonment is limited to 5 years. This means that such individuals must sue within 5 years after the basic applicable statute of limitations would have run against one not under disability, or within 2 years after the disability ends, whichever period is shorter.