The Statute of Limitations on Premises Liability in Pennsylvania

Any person who is injured on the property of another person should be aware of the statute of limitations. The statute of limitations dictates the amount of time a plaintiff has to file an injury claim against the defendant. Compared with many other states, Pennsylvania gives plaintiffs only a short time to file an injury claim.

Common examples of premises liability claims involve slip and fall accidents and injuries around swimming pools, although various other accidents are possible. Many cases involve negligent property owners who allowed their property to fall into a dangerous state of disrepair. Once you become injured, the statute of limitations kicks in, and the clock starts counting down on your case.

Our Philadelphia slip and fall lawyers at The Reiff Law Firm have over 35 years of experience dealing with premises liability lawsuits in Pennsylvania. Call our team at (215) 709-6940 for a free initial case review today.

What is Premises Liability?

Premises liability is an area of law that addresses injuries caused by poor property maintenance. Property owners have a duty to keep their property devoid of dangerous conditions that could injure guests or other members of the public. Unfortunately, not every property owner is diligent when ensuring their property is free of defective conditions.

Slip and Fall Accidents

The most common type of premises liability claim is a slip and fall claim. Slip and fall injuries can occur in a variety of ways for a variety of reasons. For example, you could suffer a slip and fall injury by tripping over a section of cracked pavement in front of a restaurant. You could also slip over a puddle in a retail store that was not cleaned up despite ample time for retail staff to handle it. Our slip and fall lawyers can help you understand whether you have a claim.

Swimming Pool Accidents

Swimming pool accidents can also trigger premises liability claims. Property owners who fail to take measures to protect their pools from children may be held liable for injuries the children sustain. This is because Pennsylvania treats swimming pools as “attractive nuisances,” which pose a high risk to children who are easily enticed or influenced. If you or your child suffered a pool injury, our Philadelphia swimming pool accident lawyers may be able to help.

Other Premises Liability Accidents

Premises liability can include many other accidents that are not listed above. You might fall on someone’s unsafe stairs while visiting their home. You could be badly injured if a light fixture falls from a ceiling and hits you. Even being shocked by some faulty wiring may be grounds for a premises liability claim. To learn more about premises liability claims in Pennsylvania, you should speak with an experienced Bucks County personal injury lawyer.

How Long Do I Have to File a Premises Liability Claim in Pennsylvania?

As mentioned above, the statute of limitations determines the date by which you must file a premises liability lawsuit in Pennsylvania. Premises liability cases are considered personal injury cases and therefore share the same filing deadline as other personal injury actions.

Premises Liability Statute of Limitations

The statute of limitations for premises liability cases, like other injury claims, is normally 2 years from the date of the injury in Pennsylvania. If you do not file your claim within two years, the court may bar your claim, and you will be unable to receive compensation for your injuries.

When the Limitation Period Begins

The statute of limitations only applies to how long you have to file your injury claim. This means it does not matter how long the case takes, as long as you filed on time.

Extending the Statute of Limitations

Failing to file your injury claim before the statute of limitations expires may bar you from recovering compensation for your injuries. However, there are some methods that can extend or “toll” the amount of time you have to file your case.

Tolling for Minors

If you are under the age of 18 when you suffer an injury on another person’s property, the statute of limitations may be paused until you reach the age of majority. This means that once you turn 18, you will have 2 years from your birthday to file your case.

This method for pausing the statute of limitations is also known as “infancy.” Additionally, if you are a minor when the accident occurs, your parent or legal guardian can also file the premises liability claim on your behalf.

Legal Disabilities

If you were suffering from a legal disability when the accident occurred, this might also pause the statute of limitations. Once you are deemed to be cured of the disability, the clock on your case will begin to tick again.

A legal disability is often a mental or psychological condition that prevents a person from understanding their injuries or their legal rights. Even so, a legal disability may involve other conditions. You should speak to an attorney if you believe you or an injured loved one is under a legal disability.

Discovery Rule

Pennsylvania also has a discovery rule that can toll the statute of limitations. The discovery rule states that when a person is unaware of an injury or has no reason to be aware of it, the statute of limitations runs from the date they discover it. This means if you slip and fall and cause an unnoticeable injury, the statute of limitations deadline will not run until you discover the injury. While victims of a slip and fall often suffer spinal injuries, it is possible they can suffer a nerve injury, which is difficult to detect.

FAQs About the Statute of Limitations on Premises Liability Cases in Pennsylvania

What is the Statute of Limitations for Premises Liability Claims in Pennsylvania?

In Pennsylvania, premises liability claims fall under the same statute of limitations as most other personal injury claims. Plaintiffs may have no more than 2 years to file a lawsuit in court. This limitation period begins on the day of your accident, barring special circumstances.

What Happens if My Limitation Period Closes on My Premises Liability Case?

If the limitation period for your premises liability claims closes and you have not yet filed your case, you may be time-barred. This means that you may not sue the property owner for your injuries, even if you have evidence to support your claims, because the limitation period is over. If you try to file your case, the defendant may raise the statute of limitations as a complete defense, and your case will likely be dismissed.

Can I Have More Time to File a Premises Liability Case Than the Statute of Limitations Allows?

Possibly. Under special conditions, plaintiffs may have the statute of limitations tolled, and their time to file may be extended. For example, if the plaintiff was a minor when they were injured on the defendant’s property, they may have the statute of limitations tolled until they turn 18. At that point, the statute would kick in, giving them until age 20 to file a case.

When Should I Call a Lawyer to Begin a Premises Liability Lawsuit in Pennsylvania?

You should contact a lawyer about your situation as soon as possible. Ideally, you should get medical treatment first and contact a lawyer second. You need to maximize the time your lawyer has to gather evidence, develop a legal strategy, and evaluate your damages. The longer you wait to hire a lawyer, the less time they have to build your case.

What if I Did Not Know About the Statute of Limitations on Premises Liability Cases?

Not knowing about the statute of limitations is not a valid reason to have it tolled. If the limitation period expires because you were unaware of it or did not know it had already started, the court will likely be unforgiving. This is another great reason why you should speak to a lawyer as soon as possible, as they will know when the statute of limitations starts and ends.

Do I Have to Finish a Premises Liability Lawsuit Before the Statute of Limitations Closes?

No. The statute of limitations only applies to the date you must file your lawsuit in court. Your case may last beyond the end of the statute of limitations as long as it was filed on time. You can technically file your lawsuit the day before the limitation period ends and still be fine.

Philadelphia Slip and Fall Attorneys Filing Premises Liability Lawsuits

Contact our experienced Philadelphia personal injury attorney at The Reiff Law Firm for a free initial case evaluation by calling us at (215) 709-6940.