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PENNSYLVANIA

Negligence / Personal Injury
2 Years with Discovery Rule.
Wrongful Death
2 Years

The statute of limitations on survival action begins to run when the decedent, and not his representatives, could have discovered his injury and its cause through the exercise of reasonable diligence. The discovery rule is not needed in a wrongful death case to prevent the statute of limitations from working an injustice on a reasonably diligent plaintiff. Principle that limitations period for bringing wrongful death and survival actions was not to be extended by discovery rule did not violate remedies, due process, and equal protection clauses of the State Constitution nor the privileges and immunities, due process, and equal protection.

Medical Malpractice
2 Years with Discovery Rule.
Malpractice (Other Professions)
years
Products Liability
2 Years with Discovery Rule.
Intentional Torts
2 Years
Fraud
2 Years
Municipal Liability/Sovereign Immunity
Reinstated by statute with 9 specific exceptions and with maximum damage awards.
Discovery Rule
Standard rule in all cases in Pennsylvania.
Comparative Negligence

Adopted by statute in all actions brought to recover damages for negligence resulting in death or injury to person or property. Liability is joint and several for intentional torts or where defendant liable for 60% or more of total liability apportioned to all parties, with right of contribution. Otherwise, responsibility apportioned among defendant, settling nonparties, and other nonparties.

Charitable Immunity
Abolished
Disabilities
For infancy, SOL extended by period of minority (18th birthday). If infant is under 18 and emancipated, SOL of 2 years applies. No toll for insanity or imprisonment unless provided by statute.
Punitive Damages
In claim for punitive damages, wealth of defendant discoverable only by court order.
No-Fault Insurance
Hybrid version
Consumer Fraud Complaint

Pennsylvania Office of Attorney General, Bureau of Consumer Protection
http://www.attorneygeneral.gov/consumers.aspx

(717)787-3391
(800)441-2555 (Consumer Protection Hotline)

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