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Statute of Limitations
PENNSYLVANIA

Negligence / Personal Injury

2 Years2 years with Discovery Rule.

Products Liability

2 Years2 years with Discovery Rule.

Wrongful Death

2 Years2 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 Years2 years with Discovery Rule

Intentional Torts

2 Years2 years

Fraud

2 Years2 years

Discovery Rule

Standard rule in all cases in Pennsylvania.

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.

Charitable Immunity

Abolished.

Comparative Negligence

Applies.

Sovereign Immunity

Reinstated by statute with 9 specific exceptions and with maximum damage awards.

Punitive Damages

In claim for punitive damages, wealth of defendant discoverable only by court order.

Consumer Fraud Complaint

Pennsylvania Office of Attorney General, Bureau of Consumer Protection
(717)787-3391

Libel

1 Year1 year

Glossary of Terms
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