Sovereign Immunity is the legal defense available to governmental entities which makes it unlawful to sue them. The concept of Sovereign Immunity originated long ago and is associated with the idea that "the King can do no wrong."
Currently, in Pennsylvania, both state agencies (the Commonwealth, state police, state universities, SEPTA, etc.) and local agencies (townships, boroughs, municipalities, local police and fire departments, etc.) enjoy limited Immunity from civil lawsuits. In addition, when state or local governmental agencies can be sued, the potential recovery is limited, or "capped," by law.
The following are some of the features of state and local Sovereign Immunity:
STATE IMMUNITY
Commonwealth parties are generally immune from lawsuits. However, the immunity is not applicable to the following common situations, meaning that an injured person can sue a Commonwealth agency for injuries relating to:
Motor Vehicle Accidents
If a Commonwealth party causes a motor vehicle accident, there is no immunity.
Medical-Professional Liability
There is no immunity for injuries caused by doctors, dentists, nurses or other health care personnel employed by the Commonwealth who cause injury.
Commonwealth Real Estate, Highways and Sidewalks
Under certain circumstances, the Commonwealth remains legally responsible for failing to correct or properly maintain its real estate.
Potholes and Sinkholes
The Commonwealth can be held liable for personal injuries (but not property damage) caused by potholes or sinkholes, but only if the injured party can prove that the Commonwealth had actual written notice of the condition a sufficient time prior to the accident to have corrected the condition.
Liquor Store Sales
The Commonwealth remains liable for injuries caused by serving minors, visibly intoxicated persons or others who it is illegal to serve under the Liquor Code.
Animals Under Control of Commonwealth
The Commonwealth remains liable for injuries caused by its animals, like police dogs or horses.
In legal actions against the Commonwealth, there is a limit, or "cap" on the amount of the recovery of $250,000 for any person and $1,000,000 for any single accident.
LOCAL IMMUNITY
Like the Commonwealth, local agencies enjoy immunity, but it is waived for the following types of cases:
Vehicle Liability
If a local agency party causes a motor vehicle accident, there is no immunity.
Real Property
Under certain circumstances, the local agency remains legally responsible for failing to correct or properly maintain its real estate.
Trees, Traffic Controls, Street Lighting, Sidewalks, Utility Service Facilities, and Streets
The agency can be held liable for personal injuries, but only if it can be shown that it had actual notice of the condition or could reasonably be expected to know of the condition and had enough time prior to the accident to fix it.
Animals
The agency remains liable for injuries caused by its animals.
Damages recoverable against a local agency are capped at $500,000 per accident. In addition, injured parties may not make claims for pain and suffering, unless the injury results in death, a permanent loss of a body function, permanent disfigurement or permanent dismemberment.
Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law's Master's in Trial Advocacy Program. Tim can be reached at http://www.macelree.com/traynelaw.
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