PRINTER'S NO. 1050
No. 941 Session of 1999
INTRODUCED BY ROONEY, DeLUCA, BELARDI, BELFANTI, HARHAI, GORDNER, LAUGHLIN, RAMOS, READSHAW, B. SMITH, STABACK, THOMAS, TIGUE, TRELLO AND WALKO, MARCH 22, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 1999
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 exceptions to governmental immunity. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 8542(b) of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended by adding a paragraph to read: 8 § 8542. Exceptions to governmental immunity. 9 * * * 10 (b) Acts which may impose liability.--The following acts by 11 a local agency or any of its employees may result in the 12 imposition of liability on a local agency: 13 * * * 14 (9) Public schools.--A dangerous condition on the 15 premises or grounds of a public school caused by a student 16 who has a history of violent behavior, including, but not 17 limited to, the infliction of serious bodily injury to the 18 personnel or other students of the school, except that the
1 claimant to recover must establish that the dangerous 2 condition created a reasonably foreseeable risk of the kind 3 of injury which was incurred and that the local agency had 4 actual notice or could reasonably be charged with notice 5 under the circumstances of the dangerous condition at a 6 sufficient time prior to the event to have taken measures to 7 protect against the dangerous condition. 8 * * * 9 Section 2. This act shall take effect in 60 days. A26L42DMS/19990H0941B1050 - 2 -