PRINTER'S NO. 2984
No. 2376 Session of 1993
INTRODUCED BY GRUITZA, DECEMBER 14, 1993
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 14, 1993
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 exceptions to governmental immunity for fire companies
4 selling or distributing alcoholic beverages.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 8542(b) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 8542. Exceptions to governmental immunity.
10 * * *
11 (b) Acts which may impose liability.--The following acts by
12 a local agency or any of its employees may result in the
13 imposition of liability on a local agency:
14 (1) Vehicle liability.--The operation of any motor
15 vehicle in the possession or control of the local agency. As
16 used in this paragraph, "motor vehicle" means any vehicle
17 which is self-propelled and any attachment thereto, including
18 vehicles operated by rail, through water or in the air.
1 (2) Care, custody or control of personal property.--The
2 care, custody or control of personal property of others in
3 the possession or control of the local agency. The only
4 losses for which damages shall be recoverable under this
5 paragraph are those property losses suffered with respect to
6 the personal property in the possession or control of the
7 local agency.
8 (3) Real property.--The care, custody or control of real
9 property in the possession of the local agency, except that
10 the local agency shall not be liable for damages on account
11 of any injury sustained by a person intentionally trespassing
12 on real property in the possession of the local agency. As
13 used in this paragraph, "real property" shall not include:
14 (i) trees, traffic signs, lights and other traffic
15 controls, street lights and street lighting systems;
16 (ii) facilities of steam, sewer, water, gas and
17 electric systems owned by the local agency and located
18 within rights-of-way;
19 (iii) streets; or
20 (iv) sidewalks.
21 (4) Trees, traffic controls and street lighting.--A
22 dangerous condition of trees, traffic signs, lights or other
23 traffic controls, street lights or street lighting systems
24 under the care, custody or control of the local agency,
25 except that the claimant to recover must establish that the
26 dangerous condition created a reasonably foreseeable risk of
27 the kind of injury which was incurred and that the local
28 agency had actual notice or could reasonably be charged with
29 notice under the circumstances of the dangerous condition at
30 a sufficient time prior to the event to have taken measures
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1 to protect against the dangerous condition.
2 (5) Utility service facilities.--A dangerous condition
3 of the facilities of steam, sewer, water, gas or electric
4 systems owned by the local agency and located within rights-
5 of-way, except that the claimant to recover must establish
6 that the dangerous condition created a reasonably foreseeable
7 risk of the kind of injury which was incurred and that the
8 local agency had actual notice or could reasonably be charged
9 with notice under the circumstances of the dangerous
10 condition at a sufficient time prior to the event to have
11 taken measures to protect against the dangerous condition.
12 (6) Streets.--
13 (i) A dangerous condition of streets owned by the
14 local agency, except that the claimant to recover must
15 establish that the dangerous condition created a
16 reasonably foreseeable risk of the kind of injury which
17 was incurred and that the local agency had actual notice
18 or could reasonably be charged with notice under the
19 circumstances of the dangerous condition at a sufficient
20 time prior to the event to have taken measures to protect
21 against the dangerous condition.
22 (ii) A dangerous condition of streets owned or under
23 the jurisdiction of Commonwealth agencies, if all of the
24 following conditions are met:
25 (A) The local agency has entered into a written
26 contract with a Commonwealth agency for the
27 maintenance and repair by the local agency of such
28 streets and the contract either:
29 (I) had not expired or been otherwise
30 terminated prior to the occurrence of the injury;
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1 or
2 (II) if expired, contained a provision that
3 expressly established local agency responsibility
4 beyond the term of the contract for injuries
5 arising out of the local agency's work.
6 (B) The injury and dangerous condition were
7 directly caused by the negligent performance of its
8 duties under such contract.
9 (C) The claimant must establish that the
10 dangerous condition created a reasonably foreseeable
11 risk of the kind of injury which was incurred and
12 that the local agency had actual notice or could
13 reasonably be charged with notice under the
14 circumstances of the dangerous condition at a
15 sufficient time prior to the event to have taken
16 measures to protect against the dangerous condition.
17 (7) Sidewalks.--A dangerous condition of sidewalks
18 within the rights-of-way of streets owned by the local
19 agency, except that the claimant to recover must establish
20 that the dangerous condition created a reasonably foreseeable
21 risk of the kind of injury which was incurred and that the
22 local agency had actual notice or could reasonably be charged
23 with notice under the circumstances of the dangerous
24 condition at a sufficient time prior to the event to have
25 taken measures to protect against the dangerous condition.
26 When a local agency is liable for damages under this
27 paragraph by reason of its power and authority to require
28 installation and repair of sidewalks under the care, custody
29 and control of other persons, the local agency shall be
30 secondarily liable only and such other persons shall be
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1 primarily liable.
2 (8) Care, custody or control of animals.--The care,
3 custody or control of animals in the possession or control of
4 a local agency, including but not limited to police dogs and
5 horses. Damages shall not be recoverable under this paragraph
6 on account of any injury caused by wild animals, including
7 but not limited to bears and deer, except as otherwise
8 provided by statute.
9 (9) Sales or distribution of alcoholic beverages.--The
10 sale or distribution of alcoholic beverages by employees of a
11 fire company to a person who sustains injuries or inflicts
12 injuries on another directly as a consequence of the sale or
13 distribution.
14 * * *
15 Section 2. This act shall take effect in 60 days.
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