PRINTER'S NO. 1212
No. 1058 Session of 2001
INTRODUCED BY DeLUCA, BELARDI, CALTAGIRONE, CAPPELLI, CLARK,
M. COHEN, CORRIGAN, EACHUS, GEORGE, HARHAI, HORSEY, LAUGHLIN,
LEDERER, MANDERINO, METCALFE, MUNDY, MYERS, PISTELLA, ROONEY,
SHANER, SOLOBAY, STABACK, STEELMAN, STURLA, THOMAS, TIGUE,
TRAVAGLIO, TRELLO, WALKO, WANSACZ, WASHINGTON, J. WILLIAMS,
WILT, WOJNAROSKI, YEWCIC AND YOUNGBLOOD, MARCH 19, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2001
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)(5) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended 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 (5) Utility service facilities.--A dangerous condition
15 of the facilities of steam, sewer, water, gas or electric
16 systems owned by the local agency and located within rights-
1 of-way[, except that the claimant to recover must establish
2 that the dangerous condition created a reasonably foreseeable
3 risk of the kind of injury which was incurred and that the
4 local agency had actual notice or could reasonably be charged
5 with notice under the circumstances of the dangerous
6 condition at a sufficient time prior to the event to have
7 taken measures to protect against the dangerous condition].
8 * * *
9 Section 2. The amendment of 42 Pa.C.S. § 8542(b)(5) shall
10 apply to causes of action which arise on or after the effective
11 date of this act.
12 Section 3. This act shall take effect in 60 days.
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