PENNSYLVANIA

Negligence / Personal Injury
2 Years The following actions and proceedings must be commenced within two years:
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524
Toxic Tort
2 Years Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524

The discovery rule acts as an exception to this principle, and provides that where the complaining party is reasonably unaware that his or her injury has been caused by another party’s conduct, the discovery rule suspends, or tolls, the running of the statute of limitations. Gleason v. Borough of Moosic, 15 A.3d 479, 484 (Penn. 2011) (involving discovery of toxic mold). BUT ennsylvania’s formulation of the discovery rule reflects a narrow approach “to determining accrual for limitations purposes” and places a greater burden upon Pennsylvania plaintiffs vis-á-vis the discovery rule than most other jurisdictions. Wilson v. El–Daief, supra at 364. The commencement of the limitations period is grounded on “inquiry notice” that is tied to “actual or constructive knowledge of at least some form of significant harm and of a factual cause linked to another’s conduct, without the necessity of notice of the full extent of the injury, the fact of actual negligence, or precise cause.”
Wrongful Death
2 Years

The following actions and proceedings must be commenced within two years:
(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. 42 Pa. Cons. Stat. Ann. § 5524

Medical Malpractice
2 Years The following actions and proceedings must be commenced within two years:
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524
Malpractice (Other Professions)
years
Products Liability
2 Years

The following actions and proceedings must be commenced within two years:
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524

Discovery:

If the injured party could not ascertain he was injured and by what cause within the limitations period, “despite the exercise of reasonable diligence,” then the discovery rule is appropriate. Simon v. Wyeth Pharmaceuticals, Inc., 989 A.2d 356, 365 (Pa. 2009) (reversing trial court's grant of JNOV for defendant in case involving patient who developed breast cancer after hormone replacement therapy). The test is objective. Id. The burden is on the part asserting the discovery rule to show "despite the exercise of reasonable diligence, was unaware of his injury and unable to determine its cause. Where the rule's application involves a factural determination regarding whtehr ethe plaintiff exercised due deiligence in discovering his injury, the jury must decide whether the rule applies." Id. at 365-66

Fraud
2 Years The following actions and proceedings must be commenced within two years:
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. 42 Pa. Cons. Stat. Ann. § 5524
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)

MANHATTAN OFFICE

59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000