Pennsylvania

STATUTE OF LIMITATIONS

Personal Property: 2 Years

Personal Injury: 2 Years

Breach of Contract (Written): 4 Years

Breach of Contract (Oral): 4 Years

Statute of Repose (Real Property): 12 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice required within 6 months of claim accrual

PIP/MED PAY SUBROGATION

PIP: NO
-Direct action against insurance carrier to recover PIP may be permitted to recover PIP so long as it does not interfere with insured’s claim (State Farm Mut, Auto. Ins. Co. v. Soxman, J-A13040, No. 2659 EDA 2010 (Pa. Super. 2011))
MED PAY: NO

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-$1,000.00 limit per person injured by child
-$2,500 limit per incident

Liable when child under 18 is found liable or guilty of tortious act causing injury to another

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

Required within 60 days of filing complaint against a licensed professional

JOINT AND SEVERAL LIABILITY

Several Liability
-Exceptions for defendants who are more than 60 percent at fault and defendants who commit intentional torts or environmental torts

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

Pro-Rata

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.