§ 8542. Exceptions to governmental immunity.
(a) Liability imposed.--A local agency shall be liable for damages on account of an injury to a person or
property within the limits set forth in this subchapter if both of the following conditions
are satisfied and the injury occurs as a result of one of the acts set forth in subsection
(b):
(1) The damages would be recoverable under common law or a statute creating a cause of
action if the injury were caused by a person not having available a defense under
section 8541 (relating to governmental immunity generally) or section 8546 (relating
to defense of official immunity); and
(2) The injury was caused by the negligent acts of the local agency or an employee thereof
acting within the scope of his office or duties with respect to one of the categories
listed in subsection (b). As used in this paragraph, "negligent acts" shall not include
acts or conduct which constitutes a crime, actual fraud, actual malice or willful
misconduct.
(b) Acts which may impose liability.--The following acts by a local agency or any of its employees may result in the imposition
of liability on a local agency:
(1) Vehicle liability.--The operation of any motor vehicle in the possession or control of the local agency,
provided that the local agency shall not be liable to any plaintiff that claims liability
under this subsection if the plaintiff was, during the course of the alleged negligence,
in flight or fleeing apprehension or resisting arrest by a police officer or knowingly
aided a group, one or more of whose members were in flight or fleeing apprehension
or resisting arrest by a police officer. 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) Care, custody or control of personal property.--The care, custody or control of personal property of others in the possession or control
of the local agency. The only losses for which damages shall be recoverable under
this paragraph are those property losses suffered with respect to the personal property
in the possession or control of the local agency.
(3) Real property.--The care, custody or control of real property in the possession of the local agency,
except that the local agency shall not be liable for damages on account of any injury
sustained by a person intentionally trespassing on real property in the possession
of the local agency. As used in this paragraph, "real property" shall not include:
(i) trees, traffic signs, lights and other traffic controls, street lights and street
lighting systems;
(ii) facilities of steam, sewer, water, gas and electric systems owned by the local agency
and located within rights-of-way;
(iii) streets; or
(iv) sidewalks.
(4) Trees, traffic controls and street lighting.--A dangerous condition of trees, traffic signs, lights or other traffic controls, street
lights or street lighting systems under the care, custody or control of the local
agency, 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 local agency had actual notice or could reasonably be charged with notice
under the circumstances of the dangerous condition at a sufficient time prior to the
event to have taken measures to protect against the dangerous condition.
(5) Utility service facilities.--A dangerous condition of the facilities of steam, sewer, water, gas or electric systems
owned by the local agency and located within rights-of-way, 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 local agency had actual
notice or could reasonably be charged with notice under the circumstances of the dangerous
condition at a sufficient time prior to the event to have taken measures to protect
against the dangerous condition.
(6) Streets.--
(i) A dangerous condition of streets owned by the local agency, 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 local agency had actual
notice or could reasonably be charged with notice under the circumstances of the dangerous
condition at a sufficient time prior to the event to have taken measures to protect
against the dangerous condition.
(ii) A dangerous condition of streets owned or under the jurisdiction of Commonwealth agencies,
if all of the following conditions are met:
(A) The local agency has entered into a written contract with a Commonwealth agency for
the maintenance and repair by the local agency of such streets and the contract either:
(I) had not expired or been otherwise terminated prior to the occurrence of the injury;
or
(II) if expired, contained a provision that expressly established local agency responsibility
beyond the term of the contract for injuries arising out of the local agency's work.
(B) The injury and dangerous condition were directly caused by the negligent performance
of its duties under such contract.
(C) The claimant must establish that the dangerous condition created a reasonably foreseeable
risk of the kind of injury which was incurred and that the local agency had actual
notice or could reasonably be charged with notice under the circumstances of the dangerous
condition at a sufficient time prior to the event to have taken measures to protect
against the dangerous condition.
(7) Sidewalks.--A dangerous condition of sidewalks within the rights-of-way of streets owned by the
local agency, 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 local agency had actual notice or could reasonably be charged with notice
under the circumstances of the dangerous condition at a sufficient time prior to the
event to have taken measures to protect against the dangerous condition. When a local
agency is liable for damages under this paragraph by reason of its power and authority
to require installation and repair of sidewalks under the care, custody and control
of other persons, the local agency shall be secondarily liable only and such other
persons shall be primarily liable.
(8) Care, custody or control of animals.--The care, custody or control of animals in the possession or control of a local agency,
including but not limited to police dogs and horses. 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.
(9) 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 local agency which constitute negligence.
(c) Limited definition.--As used in this section the amount of time reasonably required to take protective
measures, including inspections required by law, shall be determined with reference
to the actual equipment, personnel and facilities available to the local agency and
the competing demands therefor.
(d) Evidence.--Whenever any plaintiff claims liability under subsection (b)(1), evidence is admissible
to demonstrate that the plaintiff, at any time during the course of the alleged negligence,
was engaged or participating in willful misconduct, including, but not limited to,
the illegal possession of controlled substances, firearms or ammunition.
(June 10, 1982, P.L.452, No.132, eff. imd.; July 6, 1995, P.L.290, No.43, eff. 60
days; Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019)
2019 Amendment. Act 87 added subsec. (b)(9). See sections 9 and 10(3) of Act 87 in the appendix to
this title for special provisions relating to severability and applicability.
1995 Amendment. Act 43 amended subsec. (b)(1) and added subsec. (d). Section 2 of Act 43 provided
that Act 43 shall apply to a cause of action that accrues on or after the effective
date of Act 43.
1982 Amendment. Act 132 amended subsec. (b)(6).
Cross References. Section 8542 is referred to in sections 5522, 8553, 8557 of this title.
Notes of Decisions
Mascaro v. Youth Study Ctr., 523 A.2d 1118 (Pa. 1987).
· cites it 24× “[3] 42 Pa.C.S. § 8542(a) provides: § 8542. Exceptions to governmental immunity (a) Liability imposed.”
Balentine v. Aplt. v. Chester Water Auth, 191 A.3d 799 (Pa. 2018).
· cites it 15× “Under the Tort Claims Act, before a court may address the underlying merits of an action against the government, the plaintiff must first state a claim upon which relief may be granted by pleading facts alleging: (1) that the government would have been liable under common law or…”
Sellers, C, Aplts v. Twp. of Abington,et al, 106 A.3d 679 (Pa. 2014).
· cites it 26× “The trial court found that Appellees did not fall under any of the enumerated exceptions to immunity set forth in 42 Pa.C.S. § 8542, in which a local agency may still be liable for injuries caused by a local agency or its employees.”
Brewington, S. v. Phila. Sch. Dist., Aplt., 199 A.3d 348 (Pa. 2018).
· cites it 6× “42 Pa.C.S. § 8542. 2 Specifically, Section 8541 provides that “[e]xcept as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any…”
Finn v. City of Philadelphia, 664 A.2d 1342 (Pa. 1995).
· cites it 16× “The act legislatively raises the shield of governmental immunity against any damages on account of personal injury or property damage caused by any act of a local agency or employee thereof, except as *601 otherwise provided in 42 Pa.”
McShea v. City of Philadelphia, 995 A.2d 334 (Pa. 2010).
· cites it 8× “2d 682 ; see 42 Pa.C.S. § 8542 (enumerating various exceptions to governmental immunity).”
Walker v. Eleby, 842 A.2d 389 (Pa. 2004).
· cites it 8× “Appellant asserts, and the Majority agrees, that the following exception to governmental immunity set forth in Section 8542(b) of the Judicial Code, 42 Pa.C.S. § 8542(b), applies here: (b) Acts which may impose liability.”
Kilgore v. City of Philadelphia, 717 A.2d 514 (Pa. 1998).
· cites it 14× “[5] The Commonwealth Court reversed the jury's award, finding that under the governmental immunity statute, 42 Pa.C.S. § 8542, *28 a municipality could never be liable for any injury caused jointly with another tortfeasor.”
Maloney v. City of Philadelphia, 535 A.2d 209 (Pa. Commw. Ct. 1987).
· cites it 16× “The basis for these motions was the trial court's rejection of the City's request for (1) a binding instruction to the jury that the acts alleged and the evidence presented do not fall within the exceptions to immunity in 42 Pa. C. S. §8542; (2) a binding instruction that the…”
Metro. Edison, Aplt. v. City of Reading, 162 A.3d 414 (Pa. 2017).
· cites it 24× “42 Pa.C.S. § 8542(a), (b)(5), (c). [J-128-2016] - 11 We begin with section 8542(a), which provides that a local agency may be liable for damages to a person or property if (1) the damages would be recoverable under common law or a statute creating a cause of action if the injury…”
Win & Son, Inc. v. City of Philadelphia, 162 F. Supp. 3d 449 (E.D. Pa. 2016).
· cites it 6× “42 Pa. C.S. § 8542. Any harm caused by a “failure to supervise adequately or control the conduct” of a third party is outside the scope of the real property exception.”
— 42 Pa. Cons. Stat. § 8542(1) — 1 case
— 42 Pa. Cons. Stat. § 8542(1)(8) — 1 case
— 42 Pa. Cons. Stat. § 8542(3) — 3 cases
— 42 Pa. Cons. Stat. § 8542(4) — 1 case
— 42 Pa. Cons. Stat. § 8542(5) — 1 case
— 42 Pa. Cons. Stat. § 8542(6)(i) — 1 case
— 42 Pa. Cons. Stat. § 8542(6)(ii)(A) — 1 case
— 42 Pa. Cons. Stat. § 8542(a) — 143 cases
Mascaro v. Youth Study Ctr., 523 A.2d 1118 (Pa. 1987).
“[3] 42 Pa.C.S. § 8542(a) provides: § 8542. Exceptions to governmental immunity (a) Liability imposed.”
Sellers, C, Aplts v. Twp. of Abington,et al, 106 A.3d 679 (Pa. 2014).
“The trial court found that Appellees did not fall under any of the enumerated exceptions to immunity set forth in 42 Pa.C.S. § 8542, in which a local agency may still be liable for injuries caused by a local agency or its employees.”
— 42 Pa. Cons. Stat. § 8542(a)(1) — 54 cases
Mascaro v. Youth Study Ctr., 523 A.2d 1118 (Pa. 1987).
“[3] 42 Pa.C.S. § 8542(a) provides: § 8542. Exceptions to governmental immunity (a) Liability imposed.”
Sellers, C, Aplts v. Twp. of Abington,et al, 106 A.3d 679 (Pa. 2014).
“The trial court found that Appellees did not fall under any of the enumerated exceptions to immunity set forth in 42 Pa.C.S. § 8542, in which a local agency may still be liable for injuries caused by a local agency or its employees.”
— 42 Pa. Cons. Stat. § 8542(a)(2) — 84 cases
Mascaro v. Youth Study Ctr., 523 A.2d 1118 (Pa. 1987).
“[3] 42 Pa.C.S. § 8542(a) provides: § 8542. Exceptions to governmental immunity (a) Liability imposed.”
— 42 Pa. Cons. Stat. § 8542(a)(b)(1) — 1 case
Sellers, C, Aplts v. Twp. of Abington,et al, 106 A.3d 679 (Pa. 2014).
“The trial court found that Appellees did not fall under any of the enumerated exceptions to immunity set forth in 42 Pa.C.S. § 8542, in which a local agency may still be liable for injuries caused by a local agency or its employees.”
— 42 Pa. Cons. Stat. § 8542(a)(l) — 22 cases
— 42 Pa. Cons. Stat. § 8542(b) — 277 cases
Balentine v. Aplt. v. Chester Water Auth, 191 A.3d 799 (Pa. 2018).
“Under the Tort Claims Act, before a court may address the underlying merits of an action against the government, the plaintiff must first state a claim upon which relief may be granted by pleading facts alleging: (1) that the government would have been liable under common law or…”
Walker v. Eleby, 842 A.2d 389 (Pa. 2004).
“Appellant asserts, and the Majority agrees, that the following exception to governmental immunity set forth in Section 8542(b) of the Judicial Code, 42 Pa.C.S. § 8542(b), applies here: (b) Acts which may impose liability.”
Mascaro v. Youth Study Ctr., 523 A.2d 1118 (Pa. 1987).
“[3] 42 Pa.C.S. § 8542(a) provides: § 8542. Exceptions to governmental immunity (a) Liability imposed.”
— 42 Pa. Cons. Stat. § 8542(b)(1) — 106 cases
Balentine v. Aplt. v. Chester Water Auth, 191 A.3d 799 (Pa. 2018).
“Under the Tort Claims Act, before a court may address the underlying merits of an action against the government, the plaintiff must first state a claim upon which relief may be granted by pleading facts alleging: (1) that the government would have been liable under common law or…”
Sellers, C, Aplts v. Twp. of Abington,et al, 106 A.3d 679 (Pa. 2014).
“The trial court found that Appellees did not fall under any of the enumerated exceptions to immunity set forth in 42 Pa.C.S. § 8542, in which a local agency may still be liable for injuries caused by a local agency or its employees.”
Kilgore v. City of Philadelphia, 717 A.2d 514 (Pa. 1998).
“[5] The Commonwealth Court reversed the jury's award, finding that under the governmental immunity statute, 42 Pa.C.S. § 8542, *28 a municipality could never be liable for any injury caused jointly with another tortfeasor.”
Brewington, S. v. Phila. Sch. Dist., Aplt., 199 A.3d 348 (Pa. 2018).
“42 Pa.C.S. § 8542. 2 Specifically, Section 8541 provides that “[e]xcept as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any…”
— 42 Pa. Cons. Stat. § 8542(b)(2) — 34 cases
Win & Son, Inc. v. City of Philadelphia, 162 F. Supp. 3d 449 (E.D. Pa. 2016).
“42 Pa. C.S. § 8542. Any harm caused by a “failure to supervise adequately or control the conduct” of a third party is outside the scope of the real property exception.”
— 42 Pa. Cons. Stat. § 8542(b)(2)(h) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(3) — 247 cases
Mascaro v. Youth Study Ctr., 523 A.2d 1118 (Pa. 1987).
“[3] 42 Pa.C.S. § 8542(a) provides: § 8542. Exceptions to governmental immunity (a) Liability imposed.”
Maloney v. City of Philadelphia, 535 A.2d 209 (Pa. Commw. Ct. 1987).
“The basis for these motions was the trial court's rejection of the City's request for (1) a binding instruction to the jury that the acts alleged and the evidence presented do not fall within the exceptions to immunity in 42 Pa. C. S. §8542; (2) a binding instruction that the…”
— 42 Pa. Cons. Stat. § 8542(b)(3)(6) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(3)(h) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(3)(i) — 2 cases
— 42 Pa. Cons. Stat. § 8542(b)(3)(iii) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(3)(iv) — 2 cases
— 42 Pa. Cons. Stat. § 8542(b)(4) — 73 cases
— 42 Pa. Cons. Stat. § 8542(b)(4)(5)(6) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(5) — 45 cases
Metro. Edison, Aplt. v. City of Reading, 162 A.3d 414 (Pa. 2017).
“42 Pa.C.S. § 8542(a), (b)(5), (c). [J-128-2016] - 11 We begin with section 8542(a), which provides that a local agency may be liable for damages to a person or property if (1) the damages would be recoverable under common law or a statute creating a cause of action if the injury…”
— 42 Pa. Cons. Stat. § 8542(b)(6) — 36 cases
— 42 Pa. Cons. Stat. § 8542(b)(6)(1) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(6)(f) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(6)(h) — 1 case
— 42 Pa. Cons. Stat. § 8542(b)(6)(i) — 26 cases
— 42 Pa. Cons. Stat. § 8542(b)(6)(ii) — 3 cases
— 42 Pa. Cons. Stat. § 8542(b)(6)(ii)(A) — 3 cases
— 42 Pa. Cons. Stat. § 8542(b)(7) — 64 cases
Finn v. City of Philadelphia, 664 A.2d 1342 (Pa. 1995).
“The act legislatively raises the shield of governmental immunity against any damages on account of personal injury or property damage caused by any act of a local agency or employee thereof, except as *601 otherwise provided in 42 Pa.”
Walker v. Eleby, 842 A.2d 389 (Pa. 2004).
“Appellant asserts, and the Majority agrees, that the following exception to governmental immunity set forth in Section 8542(b) of the Judicial Code, 42 Pa.C.S. § 8542(b), applies here: (b) Acts which may impose liability.”
— 42 Pa. Cons. Stat. § 8542(b)(8) — 9 cases
— 42 Pa. Cons. Stat. § 8542(b)(9) — 18 cases
— 42 Pa. Cons. Stat. § 8542(b)(l) — 26 cases
— 42 Pa. Cons. Stat. § 8542(b)(l)(2)(3) — 1 case
— 42 Pa. Cons. Stat. § 8542(c) — 4 cases
Metro. Edison, Aplt. v. City of Reading, 162 A.3d 414 (Pa. 2017).
“42 Pa.C.S. § 8542(a), (b)(5), (c). [J-128-2016] - 11 We begin with section 8542(a), which provides that a local agency may be liable for damages to a person or property if (1) the damages would be recoverable under common law or a statute creating a cause of action if the injury…”
— 42 Pa. Cons. Stat. § 8542(d) — 2 cases
— 42 Pa. Cons. Stat. § 8542(n)(5) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.