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: 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:
-$1,000.00 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

Let’s get started

Get In Touch With Us