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
MED PAY: SAME AS ABOVE
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 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
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