The statute of limitations creates a hard deadline to file a formal action in Pennsylvania to recover money; the same goes for a statute of repose, as we’ll describe in this article.
The application of these concepts can have harsh and arbitrary consequences. For example, if you were a pedestrian hit by a car on the New York side of the border with Pennsylvania, you have three (3) years to file suit for negligence for your broken leg. But if you were hit a mile down the same road — in Pennsylvania — you only have two (2) years to file suit. Each state creates a particular deadline (even if 100% arbitrary) on which the parties (and the courts) can put a civil dispute behind them, given the costs of suit and the fading memory of witnesses.
But make no mistake: these concepts have nothing to do with “justice” or “fairness,” because even in cases where all the evidence is preserved and no live witnesses are needed — such as a dispute over the meaning of a few words in an insurance policy or a deed, for example — the statute of limitations still applies, as always, if suit is filed even one day late.
In this article, we’ll discuss the statute of limitations first, then the statute of repose.
Statute of Limitations
Your statute of limitations to file a claim depends on the type of action you intend to bring. For example, in PA, you have two (2) years to sue a driver who negligently injured you on the road, but you have four (4) years to sue the dealership who sold you a car, if the transmission fails, for example.
The list below shows the length of time you have in PA to commence various types of civil actions:
-
- A claim based on a written or oral contract: 4 years (42 Pa. C.S. § 5525);
- A contract signed “under seal”: 20 years (special 2018 law (Act 46);
- Negligence (this includes medical malpractice, motor vehicle negligence, damage to property, another’s poor management of property, causing you to fall): 2 years (42 Pa. C.S. § 5524);
- Uninsured motorist benefits: 4 years;
- Defamation: 1 year;
- Fraud: 2 years;
- A suit against a city, county, or state for negligence requires that you first serve the governmental entity — within 6 months of your injury — formal written notice of the claim, which a lawyer should prepare.
- A claim concerning an home inspection agreement: 1 year (68 Pa.C.S. § 7512); and
- Violation of PA’s Unfair Trade Practices and Consumer Protection Law: 6 years (73 P.S. § 201-1 et seq.)
As you can see, depending on the nature of the action, the amount of time you have to commence your case varies wildly. Plus, the rules vary from state-to-state, as mentioned above. Talk to a lawyer to confirm exactly how much time you have to sue in your particular case. Otherwise, you risk blowing the statute of limitations for some or all of your claims.
When Does the Statute of Limitations Start Running or Accrue?
It starts running when the party filing suit first suffers some form of damage, not when the Defendant made a mistake that caused the damage. So let’s say, for example, a builder constructs your home and it passes inspection. As such, no true “damages” have occurred, yet. Then, a year later, the support beams in your basement start sagging, forcing you to pay someone to fix the problems before the building collapses, which amounts to a claim for damages. Had the builder used incorrect beams, from the start? If so, wouldn’t the statute start running on the date of completion of the work? Probably not, because no damage had occurred, yet. The four year statute would not start running until the damage first occurred: when the beams started to sag, because the beams could have lasted another thirty years.
As a caveat: note the discussion below of a statute of repose, which sets a hard deadline for when claims can be made, regardless of when damages occur or are first observed.
Also note, a claim on behalf of a minor is tolled (does not start running) until the child’s eighteenth birthday.
What Can Extend the Statute of Limitations?
There are three main ways to extend the statute of limitations:
1. By agreement
The courts allow parties to agree to just about anything, especially when it comes to when and where the parties must sue each other. Thus, by consent of all parties, they can lengthen or shorten the statute of limitations for any dispute between them. But talk to a legal expert before assuming you have more time to file your action.
2. The discovery rule
Pennsylvania follows the discovery rule, which means, the statute of limitations will not begin running until the party bringing a claim for damages first learns — or could have learned through due diligence — that she suffered damages. In Pocono International Raceway v. Pocono Produce, Inc. (1983), the court held that the statute of limitations does not begin to run until the plaintiff knows, or reasonably should know:
-
-
- That they have been injured.
- That the injury was caused by another party’s conduct
-
So for example, if a plumber negligently installs the wrong type of pipes throughout your home, and you have no reason to think the wrong pipes had been used, the discovery rule can toll (or extend) the statute of limitations until the date when you had reason to think there was a problem.
However, any small issue with the pipes — such a minor leak — can be enough to put you on notice of a problem or “damages.” In other words, the statute starts running the day you know (or could have known) of any harm, even if you do not yet know the full extent of the harm, such as needing all pipes to be replaced.
Plus, the statute of repose (below) creates a hard deadline, regardless of when you “discovered” the damages. Once again, talk to a legal expert before assuming you have more time to file your action.
3. Fraud
A party who fraudulently deceives you about your right to sue — or the deadline to do it — cannot claim the benefit of the statute of limitations defense. However, fraud requires reasonable reliance on the Defendant’s false statement. For example, let’s say a party hits you with his car and breaks your leg, then lies to you: “I’ll pay you a settlement. Just don’t sue. Don’t worry! You have 10 years to sue me for negligence!” However, a lawyer (or Google search) would have told you otherwise. Thus, it would not be reasonable for you to assume you had 10 years to sue, so the time period to file a claim remains as two years.
4. An Action in Equity
The statute of limitations applies to claims “at law,” for money, typically. But what if someone sues “in equity,” which is a different aspect of the court, where a party seeks an injunction (versus money damage), for example, to enforce a noncompete. Claims “in equity” are governed by the doctrine of laches. Unlike a statute of limitations, the doctrine of laches is about fairness, not just time, factoring in both unreasonable delay and prejudice to the opposing party. But as mentioned, it generally applies to equitable claims (such as injunctions) rather than purely legal ones (like money damages).
Statute of Repose
Unlike the statute of limitations, the statute of repose creates a hard deadline to bring your claim, regardless of when you discover the harm you suffered from another’s conduct. And, like the statute of limitations, the statute of repose depends on the type of action.
1. Improvement to Property
In Pennsylvania, the Statute of Repose for property renovations — for both “new builds” and renovation to an existing structure — is a 12-year absolute deadline from the date construction is completed. Importantly, it bars claims for construction defects in design, planning, or the work itself, protecting architects, engineers, and contractors, regardless of when the property owner discovers the harm. In fact, PA’s Supreme Court held that this harsh rule is constitutional. See Freezer Storage, Inc. v. Armstrong Cork Co., 476 Pa. 270, 278, 382 A.2d 715, 720 (1978).
Importantly, as the law currently stands, it appears that the statute of repose in these cases starts running when a Certificate of Occupancy (CO) is issued, not when punch list items are finished. At least, this is the law according to a non-precedential decision by PA’s superior court (not binding on future cases). See Aloia v. Diament Building Corp., 317 A.3d 582 (Pa. Super. Ct. 2024). However, PA’s Supreme Court is reviewing the Aloia, supra, decision, as of this date of this article.
2. Claims Relating to a Home Inspection Agreement
In Gidor, M., Aplt. v. Mangus, B. (Pa. 2025), Pennsylvania’s Supreme Court confirmed that the one year period for any claim related to a home inspection is a statute of repose, meaning, it’s irrelevant of whether you discovered the harm during that time. In fact, the one-year repose period applies not just to statutory home-inspection claims but also to common-law claims (like violation of an agreement) and consumer protection claims (like UTPCPL) rooted in the faulty report.
3. Medical Malpractice
Frequently Asked Questions
What If I sue in the Wrong County?
Pennsylvania has a unified judicial system. This means, if you correctly file suit in any county throughout Pennsylvania (talk to an attorney about this) the case is “deemed filed,” as to protect both the statute of limitations and statute of repose. This is true even if a court later transfers venue to another county. But again, make sure you get legal advice before making any assumption about the statute of limitations.
I Filed Suit, Is That Enough to Protect the Statute of Limitations?
No. In Pennsylvania, filing a suit alone is not enough. A Plaintiff must also make a reasonable effort to get the Defendant served with process. Otherwise, the case can be dismissed, based on Lamp v. Heyman. The rules concerning service of process are technical. You should get legal advice about how to create a record to prove you made a “reasonable” attempt to serve the Defendant(s), after filing suit.
What if I sue on the lowest level court, magisterial district court?
Commencing your suit at the lowest level — the magisterial district court — can potentially protect the statute of limitations and statute of repose. However, we do not recommend it, for two reasons. First, the magisterial district court rules are relatively informal compared to the Court of Common Pleas. This can make it challenging to prove that you made a “reasonable” effort to get the Defendant served, as required by Lamp v. Heyman, above.
Plus, a magisterial district court could dismiss your case without saying why, given that the rules on the lowest court are so informal. This can create ambiguity as to whether all of your claims had been timely filed and preserved for future litigation. Thus, we recommend filing your suit on the Court of Common Pleas docket, first, if you anticipate any statute of limitations issue.
Let’s Get Started!
Contact us today about any civil claim or defense in Pennsylvania!
