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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8549 (2026)

 Limitation on damages.

✓ current as of May 2026
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§ 8549.  Limitation on damages.

In any action brought against an employee of a local agency for damages on account of an injury to a person or property in which it is judicially determined that the act of the employee caused the injury and that such act was, or that the employee in good faith reasonably believed that such act was, within the scope of his office or duties, damages shall be recoverable only within the limits set forth in this subchapter.

 

Cross References.  Section 8549 is referred to in section 8550 of this title.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1987–2026 · leading case: Selected Risks Ins. Co. v. Thompson, 552 A.2d 1382 (Pa. 1989).
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Selected Risks Ins. Co. v. Thompson, 552 A.2d 1382 (Pa. 1989). · cites it 2× “, 42 Pa.C.S. § 8549. [28] Id., 42 Pa.C.S. § 8547.”
Bollinger v. OBRECHT, 552 A.2d 359 (Pa. Commw. Ct. 1989). “§§8541-8564. Obrecht and the School moved for summary judgment, contending that Bollingers entire claim was barred because it was not within a statutory immunity exception, 42 Pa.”
Owens v. City of Philadelphia, 47 Pa. D. & C.3d 290 (1987). “The act further places a cap on damages of $500,000, 42 Pa.C.S. §8549, and provides for deduction of benefits received by the claimant from in *294 surance, 42 Pa.”
S.M. v. City of Philadelphia & Free Library of Philadelphia Found. ~ Appeal of: City of Philadelphia (Pa. Commw. Ct. 2026). “Williams further asserted the City was not entitled to immunity from suit under what is commonly known as the Political Subdivision Tort Claims Act’s (Tort Claims Act), 42 Pa.C.S. § 8549(b)(9), sexual abuse exception (sexual abuse exception).”
J. Brown v. Philadelphia Bd. of Ethics, & J.S. Creamer, Jr. (Pa. Commw. Ct. 2026). “42 Pa. C.S. § 8549. 10 waives four specific immunities for willful misconduct which pertain to local agency employees and does not affect the immunity of local agencies”).”
K. Claypoole & M. Knepp as Co-Administrators of the Est. of G.M. Noel v. Altoona-Logan Twp. Mobile Med. Emergency Dept. Auth. d/b/a AMED (Pa. Commw. Ct. 2026). “§§ 8545, 8546, limitations on damages, see 42 Pa.C.S. §§ 8549, 8553, and exceptions for willful misconduct (which do not apply to governmental immunity under Section 8541), see 42 Pa.”
— 42 Pa. Cons. Stat. § 8549(b)(9) — 1 case
S.M. v. City of Philadelphia & Free Library of Philadelphia Found. ~ Appeal of: City of Philadelphia (Pa. Commw. Ct. 2026). “Williams further asserted the City was not entitled to immunity from suit under what is commonly known as the Political Subdivision Tort Claims Act’s (Tort Claims Act), 42 Pa.C.S. § 8549(b)(9), sexual abuse exception (sexual abuse exception).”
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