§ 5522 — Six months limitation

Pennsylvania § 5522

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VI
• Ch. 55: LIMITATION OF TIME
• Subch.: CIVIL ACTIONS AND PROCEEDINGS

Text

(a) Notice prerequisite to action against government unit.--

(1) Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property under Chapter 85 (relating to matters affecting government units) or otherwise shall file in the office of the government unit, and if the action is against a Commonwealth agency for damages, then also file in the office of the Attorney General, a statement in writing, signed by or in his behalf, setting forth:

(i) The name and residence address of the person to whom the cause of action has accrued.

(ii) The name and residence address of the person injured.

(iii) The date and hour of the accident.

(iv) The approximate location where the accident occurred.

(v) The name and residence or office address of any attending physician.

(2) If the statement provided for by this subsection is not filed, any civil action or proceeding commenced against the government unit more than six months after the date of injury to person or property shall be dismissed and the person to whom any such cause of action accrued for any injury to person or property shall be forever barred from proceeding further thereon within this Commonwealth or elsewhere. The court shall excuse failure to comply with this requirement upon a showing of reasonable excuse for failure to file such statement.

(3) In the case of a civil action or proceeding against a government unit other than the Commonwealth government:

(i) The time for giving such written notice does not include the time during which an individual injured is unable, due to incapacitation or disability from the injury, to give notice, not exceeding 90 days of incapacity.

(ii) If the injuries to an individual result in death, the time for giving notice shall commence with such death.

(iii) Failure to comply with this subsection shall not be a bar if the government unit had actual or constructive notice of the incident or condition giving rise to the claim of a person.

(b) Commencement of action required.--The following actions and proceedings must be commenced within six months:

(1) An action against any officer of any government unit for anything done in the execution of his office, except an action subject to another limitation specified in this subchapter.

(2) A petition for the establishment of a deficiency judgment following execution and delivery of the sheriff's deed for the property sold in connection with the execution proceedings referenced in the provisions of section 8103(a) (relating to deficiency judgments).

(3) (Repealed).

(4) An action under section 4563(c) (relating to civil remedy available).

(5) An action or proceeding to set aside a judicial sale of property.

(6) A petition for redetermination of fair market value pursuant to section 8103(f.1)(4) following execution and delivery of the sheriff's deed for the property sold in connection with the execution proceedings referenced under section 8103.

(c) Exception.--This section shall not apply to any civil action or proceeding brought under section 8522(b)(10) (relating to exceptions to sovereign immunity) or 8542(b)(9) (relating to exceptions to governmental immunity).

Legislative History

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; July 9, 1992, P.L.507, No.97, eff. one year; Dec. 21, 1998, P.L.1082, No.144, eff. imd.; Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Mar. 14, 2014, P.L.46, No.20, eff. imd.; Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment.Act 87 added subsec. (c). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. 2014 Amendment.Act 20 reenacted subsec. (b)(2) and (6), retroactive to January 24, 2005. 2013 Unconstitutionality.Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014. 1992 Repeal.Act 97 repealed subsec. (b)(3). 1982 Amendment.Act 326 amended subsecs. (a)(2) and (b). Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326. 1980 Amendment.Act 142 added present section 5522 and repealed former section 5522 relating to the same subject matter. Section 221(i)(2) of Act 142 provided that, notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of paragraph (1) to restore 42 Pa.C.S. § 5522 to its status prior to the repeal effected by section 802(b) of the act of November 26, 1978, P.L.1399, No.330, known as the Political Subdivision Tort Claims Act, except as otherwise expressly provided by such section as reenacted and amended hereby. Cross References.Section 5522 is referred to in section 8103 of this title.