2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85 - Matters Affecting Government Units
8522 - Exceptions to sovereign immunity.

     § 8522.  Exceptions to sovereign immunity.
        (a)  Liability imposed.--The General Assembly, pursuant to
     section 11 of Article I of the Constitution of Pennsylvania,
     does hereby waive, in the instances set forth in subsection (b)
     only and only to the extent set forth in this subchapter and
     within the limits set forth in section 8528 (relating to
     limitations on damages), sovereign immunity as a bar to an
     action against Commonwealth parties, for damages arising out of
     a negligent act where the damages would be recoverable under the
     common law or a statute creating a cause of action if the injury
     were caused by a person not having available the defense of
     sovereign immunity.
        (b)  Acts which may impose liability.--The following acts by
     a Commonwealth party may result in the imposition of liability
     on the Commonwealth and the defense of sovereign immunity shall
     not be raised to claims for damages caused by:
            (1)  Vehicle liability.--The operation of any motor
        vehicle in the possession or control of a Commonwealth party.
        As used in this paragraph, "motor vehicle" means any vehicle
        which is self-propelled and any attachment thereto, including
        vehicles operated by rail, through water or in the air.
            (2)  Medical-professional liability.--Acts of health care
        employees of Commonwealth agency medical facilities or
        institutions or by a Commonwealth party who is a doctor,
        dentist, nurse or related health care personnel.
            (3)  Care, custody or control of personal property.--The
        care, custody or control of personal property in the
        possession or control of Commonwealth parties, including
        Commonwealth-owned personal property and property of persons
        held by a Commonwealth agency, except that the sovereign
        immunity of the Commonwealth is retained as a bar to actions
        on claims arising out of Commonwealth agency activities
        involving the use of nuclear and other radioactive equipment,
        devices and materials.
            (4)  Commonwealth real estate, highways and sidewalks.--A
        dangerous condition of Commonwealth agency real estate and
        sidewalks, including Commonwealth-owned real property,
        leaseholds in the possession of a Commonwealth agency and
        Commonwealth-owned real property leased by a Commonwealth
        agency to private persons, and highways under the
        jurisdiction of a Commonwealth agency, except conditions
        described in paragraph (5).
            (5)  Potholes and other dangerous conditions.--A
        dangerous condition of highways under the jurisdiction of a
        Commonwealth agency created by potholes or sinkholes or other
        similar conditions created by natural elements, except that
        the claimant to recover must establish that the dangerous
        condition created a reasonably foreseeable risk of the kind
        of injury which was incurred and that the Commonwealth agency
        had actual written notice of the dangerous condition of the
        highway a sufficient time prior to the event to have taken
        measures to protect against the dangerous condition. Property
        damages shall not be recoverable under this paragraph.
            (6)  Care, custody or control of animals.--The care,
        custody or control of animals in the possession or control of
        a Commonwealth party, including but not limited to police
        dogs and horses and animals incarcerated in Commonwealth
        agency laboratories. Damages shall not be recoverable under
        this paragraph on account of any injury caused by wild
        animals, including but not limited to bears and deer, except
        as otherwise provided by statute.
            (7)  Liquor store sales.--The sale of liquor at
        Pennsylvania liquor stores by employees of the Pennsylvania
        Liquor Control Board created by and operating under the act
        of April 12, 1951 (P.L.90, No.21), known as the "Liquor
        Code," if such sale is made to any minor, or to any person
        visibly intoxicated, or to any insane person, or to any
        person known as an habitual drunkard, or of known intemperate
        habit.
            (8)  National Guard activities.--Acts of a member of the
        Pennsylvania military forces.
            (9)  Toxoids and vaccines.--The administration,
        manufacture and use of a toxoid or vaccine not manufactured
        in this Commonwealth under the following conditions:
                (i)  The toxoid or vaccine is manufactured in, and
            available only from, an agency of another state.
                (ii)  The agency of the other state will not make the
            toxoid or vaccine available to private persons or
            corporations, but will only permit its sale to another
            state or state agency.
                (iii)  The agency of the other state will make the
            toxoid or vaccine available to the Commonwealth only if
            the Commonwealth agrees to indemnify, defend and save
            harmless that agency from any and all claims and losses
            which may arise against it from the administration,
            manufacture or use of the toxoid or vaccine.
                (iv)  A determination has been made by the
            appropriate Commonwealth agency, approved by the Governor
            and published in the Pennsylvania Bulletin, that the
            toxoid or vaccine is necessary to safeguard and protect
            the health of the citizens or animals of this
            Commonwealth.
                (v)  The toxoid or vaccine is distributed by a
            Commonwealth agency to qualified persons for ultimate
            use.
        The Commonwealth shall make the toxoid or vaccine available
        to a qualified person only if the person agrees to indemnify,
        defend and save harmless the Commonwealth from any and all
        claims and losses which may arise against the Commonwealth
        from the manufacture, distribution, administration or use of
        the toxoid or vaccine.
     (Dec. 11, 1986, P.L.1481, No.151, eff. imd.)

        1986 Amendment.  Act 151 amended subsec. (b).
        Cross References.  Section 8522 is referred to in section
     8528 of this title; section 1711 of Title 74 (Transportation).

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