844.16.Complaint.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1975 · Last verified July 15, 2026
Full Text of Section 844.16
Plain-English Summary
Section 844.16 sets the pleading requirements for a physical-injury or interference action, and the list reflects how many different interests chapter 844 lets into a single case. The complaint must indicate each plaintiff’s interest in the property, so the court and defendant understand what stake each named plaintiff is protecting. It must also indicate the interests of all persons entitled to possession — even those who are not themselves plaintiffs — because those interests may be affected by the outcome.
The complaint must describe the nature of the alleged injury, tying the pleading to the physical-injury-versus-interference distinction drawn in Section 844.01. And if damages are sought, the complaint must allege the percentages and amounts claimed by each person claiming an interest, rather than a single lump-sum figure — reflecting that multiple interest-holders may each be entitled to a different share of any damages award.
Frequently Asked Questions
What does the complaint need to say about each plaintiff’s stake in the property?
Section 844.16 requires the complaint to indicate each plaintiff’s interest in the property.
Do I need to describe the interests of people entitled to possession who are not plaintiffs in my lawsuit?
Yes. Section 844.16 requires the complaint to indicate the interests of all persons entitled to possession, not only those who are named plaintiffs.
If several people share an interest in the property, do we each need to specify our own damages amount?
Yes. Section 844.16 requires the complaint to allege the percentages and amounts claimed by each person claiming an interest, if damages are asked.
Does the complaint need to describe what kind of injury occurred?
Yes. Section 844.16 requires the complaint to indicate the nature of the alleged injury.
What happens if damages are not being sought at all?
Section 844.16’s requirement to allege percentages and amounts applies only if damages are asked; the other requirements — interests and nature of injury — apply regardless.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.16.