Statute of Limitations for Product Liability
In Pennsylvania, product liability suits brought under the theories of strict liability or negligence must be filed within two years after the cause of action occurred. 42 Pa. Cons. Stat. Ann. § 5524. A "cause of action" does not occur until the plaintiff discovers or should have discovered that they were injured by the defendant's conduct. Hayward v. Med. Ctr. of Beaver Cty., 530 Pa. 320, 608 A. 2d 1040 (1992). If you do not file a lawsuit within this time, you cannot sue.
If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within four years after the cause of action occurred. 42 Pa. Cons. Stat. Ann. § 5525. A "cause of action" in contract accrues when the breach occurs, regardless of whether the injured party has knowledge of the breach. 13 Pa. Cons. Stat. Ann. § 2725. If you do not file a lawsuit within this time, you cannot sue.
In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions to put outside time limits on certain types of lawsuits. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15 or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In Pennsylvania, injured victims cannot file a product liability suit for construction or improvement of real property if the construction was completed 12 years or more before the injury. 42 Pa. Cons. Stat. Ann. § 5536.
In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call Richard C. Senker, Attorney at Law now at 1 800 AUTOCRASH or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
<< back
The Law Office of Richard C. Senker handles the following types of cases: Personal Injury including Automobile Accidents, Spinal Cord Injuries, Traumatic Brain Injuries, Medical Malpractice, Wrongful Death, Insurance Bad Faith, Nursing Home Abuse, Workers' Compensation, Airplane Accidents, Dog Bites, Drunk Driving Injuries, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, Slip and Fall Accidents.
The Law Office of Richard C. Senker serves the following areas: Philidelphia, Plymouth Meeting, Lansdale, Pottstown, Southeast Pennsylvania, Delaware County, Chester County, Montgomery County, Bucks County, Ambler, Bridgeport, Bryn Athyn, Collegeville, Conshohocken, East Greenville, Green Lane, Hatboro, Hatfield, Jenkintown, Lansdale, Narberth, Norristown, North Wales, Pennsburg, Red Hill, Rockledge, Royersford, Schwenksville, Souderton, Telford, Trappe, West Conshohocken.
The legal information offered by The Law Office of Richard C. Senker and contained herein regarding Pennsylvania legal statutes and Pennsylvania claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Pennsylvania lawyer regarding your specific inquiry.See Terms of Use. |
