Pasubdivisiontortclaimsact by Felix Yanko

A Shorthand Guide to Pennsylvania’s Political Subdivision Tort Claims Act, 42 Pa. C.S. § 8541, et seq. Under Pennsylvania’s Political Subdivision Tort Claims Act, subject to the exceptions discussed below, “no local agency shall be liable for any damages on account of an injury to person or property caused by any act of the local agency or an employee thereof or any other person.” 42 Pa. C.S. § 8541. When Will Liability Be Imposed? A local governmental agency will be liable for damages on account of injury to a persons or property if both of the following conditions are met: (1) damages would be recoverable under common law or a statute creating a cause of action; and (2) the injury was caused by the negligent acts of the local agency or employee thereof acting within the scope of their office or duties with respect to one of the 8 categories listed below (negligent acts do not include acts or conduct which constitute a crime, actual fraud, actual malice or willful misconduct). 42 Pa. C.S. § 8542(a). Exceptions to Immunity Under 42 Pa. C.S. § 8542(b), the following acts by a local agency or its employees may result in the imposition of liability: 1. the operation of any motor vehicle; however, this subsection will not apply if the plaintiff was in flight or fleeing from the police during the course of the alleged negligence; 2. the care, custody or control of personal property of other in the possession or control of the local agency; however, only property losses are recoverable under this subsection; 3. the care, custody, or control of real property in the possession or control of the local agency; however, this will not apply to damage resulting from an injury sustained by a person intentionally trespassing on the real property of the local agency; 4. a dangerous condition of trees, traffic controls and street lighting; 5. a dangerous condition of any utility service facilities, including steam, sewer, water, gas, or electric systems; 6. a dangerous condition of a street; 7. a dangerous condition of a sidewalks; and 8. the care, custody or control of animals, including but not limited to police dogs and horses.

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PHILADELPHIA

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CHARLESTON

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(610) 567-0700

(856) 761-3800

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LIMITIATIONS ON DAMAGES Under section 8553 of the Act, damages arising from a cause of action or occurrence or a series of causes of action or occurrences or transactions shall not exceed $500,000 in the aggregate. 42 Pa.C.S. § 8553 (b). Types of losses recognized as recoverable under the Act 1.

Past and future loss of earnings and earning capacity.

Pain and suffering in the following instances: (i) death; or (ii) only in cases of permanent loss of a bodily function, permanent disfigurement or permanent dismemberment where the medical and dental expenses are in excess of $ 1,500. i. The Pennsylvania Supreme Court has held that the inability to do or perform a bodily act or acts which the plaintiff was able to do or perform before sustaining the injury is permanent. ii. Medical testimony is necessary to establish this type of loss, i.e. the plaintiff’s own testimony will not be sufficient.

Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.

Loss of consortium.

Loss of support.

Property losses.

42 Pa.C.S. § 8553 (c). The Effect of Available Insurance Benefits If an injured party receives or is entitled to receive benefits under an insurance policy other than a life insurance policy as a result of losses for which damages are recoverable under this Act, the amount of such benefits shall be deducted from the amount of damages which would otherwise be recoverable by such claimant. 42 Pa.C.S. § 8553 (d).