§ 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.
(10) Sexual abuse.--Conduct which constitutes an offense enumerated under section 5551(7) (relating to
no limitation applicable) if the injuries to the plaintiff were caused by actions
or omissions of the Commonwealth party which constitute negligence.
(Dec. 11, 1986, P.L.1481, No.151, eff. imd.; Nov. 26, 2019, P.L.641, No.87, eff. Nov.
26, 2019)
2019 Amendment. Act 87 added subsec. (b)(10). See sections 9 and 10(3) of Act 87 in the appendix to
this title for special provisions relating to severability and applicability.
1986 Amendment. Act 151 amended subsec. (b).
Cross References. Section 8522 is referred to in sections 5522, 8528 of this title; sections 17312,
17342 of Title 16 (Counties); sections 1510.1, 1711 of Title 74 (Transportation);
section 6109 of Title 75 (Vehicles).
Notes of Decisions
Jones v. Se. Pennsylvania Transp. Auth., 772 A.2d 435 (Pa. 2001).
· cites it 40× “Subsection 8522(a) announces that immunity is waived in certain instances and authorizes the imposition of liability against the Commonwealth "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…”
Cagey, J., Aplt. v. PennDOT, 179 A.3d 458 (Pa. 2018).
· cites it 20× “at 13-17 (citing 42 Pa.C.S. § 8522(a)). Because, at common law, a possessor of land would be liable for the installation of a dangerous guardrail adjacent to a highway, see, e.”
Farabaugh v. Pennsylvania Tpk. Comm'n, 911 A.2d 1264 (Pa. 2006).
· cites it 16× “*1270 Any assertion of sovereign immunity, however, is subject to the exceptions provided in 42 Pa.C.S. § 8522: § 8522. Exceptions to sovereign immunity (a) Liability imposed.”
Marshall v. Port Auth., 568 A.2d 931 (Pa. 1990).
· cites it 20× “We affirm that PAT is immune from suit, but upon different statutory grounds, to wit, that PAT is an agency of the Commonwealth protected from liability under the sovereign immunity statute, 42 Pa.C.S. § 8522. [2] In its amended pleadings, PAT claimed immunity as an "agency of…”
Moser v. Heistand, 681 A.2d 1322 (Pa. 1996).
· cites it 18× “*560 When bringing an action against a Commonwealth party, the plaintiff must establish a common law or statutory cause of action, and that the cause of action falls within an exception to sovereign immunity enumerated in 42 Pa.C.S. § 8522. Here, we have determined that the…”
Pyeritz v. Commonwealth, 32 A.3d 687 (Pa. 2011).
· cites it 6× “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…”
Kmonk-Sullivan v. State Farm Mut. Auto. Ins., 788 A.2d 955 (Pa. 2001).
· cites it 6× “§ 8521) and the extent to which the Commonwealth has waived it (42 Pa.C.S. § 8522). As sovereign, the Commonwealth determines whether and the extent to which parties may recover damages from it.”
Fagan v. Dep't of Transp. of Com., 946 A.2d 1123 (Pa. Commw. Ct. 2008).
· cites it 16× “[2] Section 8522 of the Judicial Code, 42 Pa. C.S. § 8522 provides in pertinent part: (a) Liability imposed.”
Dean v. Com., Dept. of Transp., 751 A.2d 1130 (Pa. 2000).
· cites it 8× “42 Pa.C.S. § 8522(a). In order for the Commonwealth to be found liable, a plaintiff must also establish that the cause of action falls under one of the specifically enumerated exceptions to immunity.”
Rooney v. City of Philadelphia, 623 F. Supp. 2d 644 (E.D. Pa. 2009).
· cites it 11× “Unlike the utility service facilities exception in the PSTCA, the General Assembly did not expressly waive sovereign immunity for Commonwealth parties in actions relating to sewer systems under 42 Pa. C.S. § 8522. By way of example, the real property exception to sovereign…”
Dean v. Commonwealth, Dep't of Transp., 718 A.2d 374 (Pa. Commw. Ct. 1998).
· cites it 24× “The negligent act or omission falls within one of the exceptions to sovereign immunity set forth at 42 Pa.C.S. § 8522. 42 Pa.C.S. § 8522. The elements of negligence that must be proven are a duty or obligation recognized by law requiring the actor to conform to a certain…”
Sherk v. Cnty. of Dauphin, 614 A.2d 226 (Pa. 1992).
· cites it 16× “" Exceptions to sovereign immunity are provided for in Section 8522 (42 Pa.C.S. § 8522) which sets forth that sovereign immunity is waived in certain specific enumerated instances "for damages arising out of a negligent act where the damages would be recoverable under common law…”
— 42 Pa. Cons. Stat. § 8522(1) — 1 case
— 42 Pa. Cons. Stat. § 8522(2) — 1 case
— 42 Pa. Cons. Stat. § 8522(4) — 3 cases
— 42 Pa. Cons. Stat. § 8522(6) — 1 case
— 42 Pa. Cons. Stat. § 8522(B) — 1 case
— 42 Pa. Cons. Stat. § 8522(B)(3) — 1 case
— 42 Pa. Cons. Stat. § 8522(a) — 214 cases
Cagey, J., Aplt. v. PennDOT, 179 A.3d 458 (Pa. 2018).
“at 13-17 (citing 42 Pa.C.S. § 8522(a)). Because, at common law, a possessor of land would be liable for the installation of a dangerous guardrail adjacent to a highway, see, e.”
Farabaugh v. Pennsylvania Tpk. Comm'n, 911 A.2d 1264 (Pa. 2006).
“*1270 Any assertion of sovereign immunity, however, is subject to the exceptions provided in 42 Pa.C.S. § 8522: § 8522. Exceptions to sovereign immunity (a) Liability imposed.”
Marshall v. Port Auth., 568 A.2d 931 (Pa. 1990).
“We affirm that PAT is immune from suit, but upon different statutory grounds, to wit, that PAT is an agency of the Commonwealth protected from liability under the sovereign immunity statute, 42 Pa.C.S. § 8522. [2] In its amended pleadings, PAT claimed immunity as an "agency of…”
Jones v. Se. Pennsylvania Transp. Auth., 772 A.2d 435 (Pa. 2001).
“Subsection 8522(a) announces that immunity is waived in certain instances and authorizes the imposition of liability against the Commonwealth "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…”
— 42 Pa. Cons. Stat. § 8522(a)(4) — 1 case
— 42 Pa. Cons. Stat. § 8522(b) — 287 cases
Marshall v. Port Auth., 568 A.2d 931 (Pa. 1990).
“We affirm that PAT is immune from suit, but upon different statutory grounds, to wit, that PAT is an agency of the Commonwealth protected from liability under the sovereign immunity statute, 42 Pa.C.S. § 8522. [2] In its amended pleadings, PAT claimed immunity as an "agency of…”
Kmonk-Sullivan v. State Farm Mut. Auto. Ins., 788 A.2d 955 (Pa. 2001).
“§ 8521) and the extent to which the Commonwealth has waived it (42 Pa.C.S. § 8522). As sovereign, the Commonwealth determines whether and the extent to which parties may recover damages from it.”
Jones v. Se. Pennsylvania Transp. Auth., 772 A.2d 435 (Pa. 2001).
“Subsection 8522(a) announces that immunity is waived in certain instances and authorizes the imposition of liability against the Commonwealth "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…”
— 42 Pa. Cons. Stat. § 8522(b)(1) — 47 cases
— 42 Pa. Cons. Stat. § 8522(b)(10) — 5 cases
— 42 Pa. Cons. Stat. § 8522(b)(2) — 36 cases
Moser v. Heistand, 681 A.2d 1322 (Pa. 1996).
“*560 When bringing an action against a Commonwealth party, the plaintiff must establish a common law or statutory cause of action, and that the cause of action falls within an exception to sovereign immunity enumerated in 42 Pa.C.S. § 8522. Here, we have determined that the…”
Sherk v. Cnty. of Dauphin, 614 A.2d 226 (Pa. 1992).
“" Exceptions to sovereign immunity are provided for in Section 8522 (42 Pa.C.S. § 8522) which sets forth that sovereign immunity is waived in certain specific enumerated instances "for damages arising out of a negligent act where the damages would be recoverable under common law…”
— 42 Pa. Cons. Stat. § 8522(b)(3) — 118 cases
Pyeritz v. Commonwealth, 32 A.3d 687 (Pa. 2011).
“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…”
— 42 Pa. Cons. Stat. § 8522(b)(4) — 223 cases
Jones v. Se. Pennsylvania Transp. Auth., 772 A.2d 435 (Pa. 2001).
“Subsection 8522(a) announces that immunity is waived in certain instances and authorizes the imposition of liability against the Commonwealth "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…”
Cagey, J., Aplt. v. PennDOT, 179 A.3d 458 (Pa. 2018).
“at 13-17 (citing 42 Pa.C.S. § 8522(a)). Because, at common law, a possessor of land would be liable for the installation of a dangerous guardrail adjacent to a highway, see, e.”
Fagan v. Dep't of Transp. of Com., 946 A.2d 1123 (Pa. Commw. Ct. 2008).
“[2] Section 8522 of the Judicial Code, 42 Pa. C.S. § 8522 provides in pertinent part: (a) Liability imposed.”
Rooney v. City of Philadelphia, 623 F. Supp. 2d 644 (E.D. Pa. 2009).
“Unlike the utility service facilities exception in the PSTCA, the General Assembly did not expressly waive sovereign immunity for Commonwealth parties in actions relating to sewer systems under 42 Pa. C.S. § 8522. By way of example, the real property exception to sovereign…”
— 42 Pa. Cons. Stat. § 8522(b)(5) — 29 cases
Dean v. Com., Dept. of Transp., 751 A.2d 1130 (Pa. 2000).
“42 Pa.C.S. § 8522(a). In order for the Commonwealth to be found liable, a plaintiff must also establish that the cause of action falls under one of the specifically enumerated exceptions to immunity.”
Cagey, J., Aplt. v. PennDOT, 179 A.3d 458 (Pa. 2018).
“at 13-17 (citing 42 Pa.C.S. § 8522(a)). Because, at common law, a possessor of land would be liable for the installation of a dangerous guardrail adjacent to a highway, see, e.”
— 42 Pa. Cons. Stat. § 8522(b)(6) — 4 cases
— 42 Pa. Cons. Stat. § 8522(b)(7) — 6 cases
— 42 Pa. Cons. Stat. § 8522(b)(9) — 2 cases
— 42 Pa. Cons. Stat. § 8522(b)(Z) — 1 case
— 42 Pa. Cons. Stat. § 8522(b)(l) — 18 cases
Rooney v. City of Philadelphia, 623 F. Supp. 2d 644 (E.D. Pa. 2009).
“Unlike the utility service facilities exception in the PSTCA, the General Assembly did not expressly waive sovereign immunity for Commonwealth parties in actions relating to sewer systems under 42 Pa. C.S. § 8522. By way of example, the real property exception to sovereign…”
— 42 Pa. Cons. Stat. § 8522(l) — 1 case
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