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PRINTER'S NO. 2245
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1565
Session of
2015
INTRODUCED BY LAWRENCE, KAUFFMAN, STEPHENS, TRUITT, COHEN,
THOMAS AND YOUNGBLOOD, SEPTEMBER 29, 2015
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 29, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statues, in matters affecting
government units, further providing for exceptions to
sovereign immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8522(b)(5) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
ยง 8522. Exceptions to 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:
* * *
(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
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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, except
for motor vehicles operated by a properly licensed driver.
* * *
Section 2. This act shall take effect in 60 days.
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