What is the Property Damage Statute of Limitations in Pennsylvania?

Understand and comply with Pennsylvania's statute of limitations, or your property damage lawsuit could get thrown out of court.

By , J.D. · University of San Francisco School of Law

In Pennsylvania, as in every state, if you've had your property damaged as a result of someone else's careless or intentional action, you might be thinking about filing a lawsuit over what happened. If so, it's important to understand the statute of limitations and how it applies to your property damage claim.

What Is a Statute of Limitations?

By way of background, a "statute of limitations" is a state law that, as the name suggests, limits your right to have a court consider your lawsuit, by setting a strictly-enforced deadline for getting the case started. Miss the deadline, and you likely lose the right to bring your case to court. Every state has passed these kinds of laws, with time limits that vary depending on the kind of case being filed.

Let's look at the details of the statute of limitations for property damage lawsuits in Pennsylvania, including circumstances in which you might be able to effectively extend the time limit.

What Is Pennsylvania's Deadline for Filing Property Damage Lawsuits?

In Pennsylvania, the statute of limitations filing deadline is the same whether your potential lawsuit involves damage to:

  • your "real" property (that means a house, some other building, or land), or
  • your personal property (which includes vehicle damage).

Specifically, Pennsylvania Consolidated Statutes Title 42 section 5524 sets a two-year deadline for the filing of:

  • an action (a lawsuit, in other words) "for taking, detaining or injuring personal property," or
  • an action for waste or trespass of real property. (Note: Here, the phrase "waste or trespass of" is synonymous with "injury to" in the eyes of the law.)

So, a vehicle damage claim after a car accident must be brought within two years in Pennsylvania, and the same deadline applies to a lawsuit filed by a homeowner claiming that physical damage to the exterior of her house was caused by a neighbor's negligence.

The two-year "clock" typically starts running on the day of the incident that led to the damage, although, in an attempt to push the filing deadline back, the property owner could argue that the damage—or the cause of the damage—could not reasonably have been discovered right away.

Get more details on property damage and making a claim for compensation.

What Happens If You Miss the Pennsylvania Lawsuit-Filing Deadline?

At this point you might be wondering what will happen if you try to file your Pennsylvania property damage lawsuit after the applicable time limit has passed. In that situation, you can count on:

  • the defendant (the person you're trying to sue) filing a motion with the court, asking that the case be dismissed, and
  • the court granting the dismissal, unless
  • rare circumstances make an extension of the deadline appropriate (more on these rules in the next section).

This is why it's so crucial to pay attention to (and comply with) the Pennsylvania statute of limitations for property damage cases, even if you're fairly certain you'll be able to resolve the situation without resorting to a lawsuit.

Can the Lawsuit-Filing Deadline Be Extended In Pennsylvania?

For most kinds of lawsuits in Pennsylvania, including civil cases over property damage, a number of situations could serve to extend the lawsuit filing deadline set by the statute of limitations. Let's look at a few of the most common of these.

If the property owner is a minor. Special rules usually apply if, at the time the property damage occurs, the property owner is a minor (which means under the age of 18, under Pennsylvania law). In that situation, the property owner will be entitled to the full two years to get their lawsuit filed once they turn 18, according to Pennsylvania Consolidated Statutes Title 42 section 5533.

If the at-fault party leaves the state or conceals themselves within the state. Special rules also apply when, before a lawsuit can be filed against them, the defendant (the person who's alleged to have caused the property damage):

  • departs from the state and remains absent for four months straight or longer, or
  • resides within the state under a false name.

Here, the period of the absence or concealment probably won't be counted as part of the time limit for filing the property damage suit. This rule can be found at Pennsylvania Consolidated Statutes Title 42 section 5532.

Other circumstances may affect the Pennsylvania statute of limitations, and how the time window is calculated. Do a little research of your own or talk to an attorney for the details.

Where Should I File a Property Damage Lawsuit In Pennsylvania?

Pennsylvania's "Courts of Common Pleas" have the power to hear most civil lawsuits in the state. These courts are organized into 60 districts, mostly along the state's geographic boundaries for counties. Chances are, you'll file your property damage lawsuit in the district where the person you're suing lives. Find courts in Pennsylvania and learn more about the Pennsylvania court system (from pacourt.us).

Can I File a Property Damage Case In Pennsylvania Small Claims Court?

Yes. If you're not seeking more than $12,000 as compensation for your damaged or destroyed property, the small claims division of Pennsylvania Magisterial District Court is an option. Learn more about Pennsylvania Small Claims In Magisterial District Court.

Do I Need a Lawyer for a Pennsylvania Property Damage Claim?

It usually makes sense to handle a property damage claim on your own and try to get a fair settlement before you need to take the matter to court, as long as the case is fairly straightforward and the stakes aren't too high. It can even be a challenge finding a lawyer to take a run-of-the-mill property damage claim.

But reaching out to an experienced lawyer—if only to discuss your options—might be a good idea if, on top of your property damage, your case involves personal injury or some other contentious legal issue. Get tips on finding the right lawyer for you and your case.

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