Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

PENNSYLVANIA

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

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

years with Discovery Rule.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

years. 1 year for libel and slander.

Fraud

years

Municipal Liability/Sovereign Immunity

6 months to file notice of claim. 2 year SOL. Reinstated by statute with 9 specific exceptions (1) Vehicle liability; (2) Medical-Professional liability; (3) care, custody and control of personal property; (4) Commonwealth real estate, highways and sidewalks; (5) potholes and other dangerous conditions; (6) care, custody and control of animals; (7) liquor store sales; (8) national guard activities and (9) toxoids and vaccines. Maximum damages in these excepted areas are limited to $250,000 per plaintiff and $1,000,000 in aggregate. Local agencies may be liable for negligence with damages limited to $500,000 in aggregate.

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. SOL does not run during absence or concealment of defendant.

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)