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§ 5524. Two year limitation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: March 17, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
Chapter 55. Limitation of Time (Refs & Annos)
Subchapter B. Civil Actions and Proceedings (Refs & Annos)
Effective: March 17, 2014
42 Pa.C.S.A. § 5524
§ 5524. Two year limitation
The following actions and proceedings must be commenced within two years:
(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.
(4) An action for waste or trespass of real property.
(5) An action upon a statute for a civil penalty or forfeiture.
(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.
(8) An action to recover damages for injury to a person or for the death of a person caused by exposure to asbestos shall be commenced within two years from the date on which the person is informed by a licensed physician that the person has been injured by such exposure or upon the date on which the person knew or in the exercise of reasonable diligence should have known that the person had an injury which was caused by such exposure, whichever date occurs first.

Credits

1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978. Amended 1982, Dec. 20, P.L. 1409, No. 326, art. II, § 201, effective in 60 days; 2001, Dec. 17, P.L. 904, No. 101, § 2, effective in 60 days; 2004, Nov. 24, P.L. 1243, No. 152, § 3, imd. effective.
BAR ASSOCIATION COMMENT
Source Note: Paragraphs (1), (3) and (4) derived from act of March 27, 1713 (1 Sm.L. 76), § 1 (12 P.S. § 31), act of February 18, 1785 (2 Sm.L. 275), § 15 (12 P.S. § 1890). Paragraph (2) derived from act of June 24, 1895 (P.L. 236), § 2 (12 P.S. § 34). Paragraph (5) derived from act of March 26, 1785 (2 Sm.L. 299), § 6 (12 P.S. § 44), act of February 19, 1849 (P.L. 79), § 14 (15 P.S. § 4182).
HISTORICAL AND STATUTORY NOTES
Act 1976-142 legislation
Section 25(a) and (b) of 1976, July 9, P.L. 586, No. 142, provides:
“(a) Any civil action or proceeding:
“(1) the time heretofore limited by statute for the commencement of which is reduced by any provision of this act; and
“(2) which is not fully barred by statute on the day prior to the effective date of this act;
may be commenced within one year after the effective date of this act, or within the period heretofore limited by statute, whichever is less, notwithstanding any provisions of Subchapter B of Chapter 55 of Title 42 (relating to civil actions and proceedings) or any other provision of this act providing a shorter limitation.
“(b) No cause of action fully barred prior to the effective date of this act shall be revived by reason of the enactment of this act.”
Act 1982-326 legislation
Section 403 of 1982, Dec. 20, P.L. 1409, No. 326, provides, in part, that the amendment to this section “shall apply only to causes of action which accrue after the effective date of this act”.
Act 2001-101 legislation
Act 2001-101, § 2, added par. (8).
Act 2004-152 legislation
Act 2004-152, § 3, deleted par. (8).
The amendment of § 5524 by Act 2004-152, § 3, was declared unconstitutional by Com. v. Neiman, 5 A.3d 353 (Pa. Super. 2010), stay granted by 2010 WL 4117667 (Pa. Super. 2010), appeal granted in part by 611 Pa. 419, 27 A.3d 984 (2011), and Act 2004-152 declared unconstitutional by 84 A.3d 603 (Pa. 2013) subject to a 90-day stay effective Dec. 16, 2013. The unconstitutionality took effect March 17, 2014. Accordingly, this Act was not given effect in setting forth the text of this section.
Prior Law:
1935, July 1, P.L. 503, No. 196, § 1 (12 P.S. § 51).
1895, June 24, P.L. 236, § 2 (12 P.S. § 34).
1855, April 26, P.L. 309, § 2 (12 P.S. § 1603).
1849, Feb. 19, P.L. 79, § 14 (15 P.S. § 4182).
1845, Feb. 26, P.L. 69, § 1 (12 P.S. § 47).
1785, March 26, 2 Sm.L. 299, § 6 (12 P.S. § 44).
1785, Feb. 18, 2 Sm.L. 275, § 15 (12 P.S. § 1890).
1713, March 27, 1 Sm.L. 76, § 1 (12 P.S. § 31).
42 Pa.C.S.A. § 5524, PA ST 42 Pa.C.S.A. § 5524
Current through 2017 Regular Session Act 32
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