PRINTER'S NO. 1288
No. 1097 Session of 2003
INTRODUCED BY DeLUCA, BEBKO-JONES, CAWLEY, CREIGHTON, DeWEESE,
FREEMAN, GEIST, GERGELY, GRUCELA, HARHAI, JAMES, LaGROTTA,
LAUGHLIN, LESCOVITZ, LEWIS, PISTELLA, RAYMOND, ROONEY,
SCRIMENTI, SHANER, STURLA, SURRA, TANGRETTI, TIGUE, WALKO,
WASHINGTON, WATERS, WHEATLEY AND YOUNGBLOOD, APRIL 8, 2003
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 2003
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-
17 of-way[, except that the claimant to recover must establish
1 that the dangerous condition created a reasonably foreseeable
2 risk of the kind of injury which was incurred and that the
3 local agency had actual notice or could reasonably be charged
4 with notice under the circumstances of the dangerous
5 condition at a sufficient time prior to the event to have
6 taken measures to protect against the dangerous condition].
7 * * *
8 Section 2. The amendment of 42 Pa.C.S. § 8542(b)(5) shall
9 apply to causes of action which arise on or after the effective
10 date of this act.
11 Section 3. This act shall take effect in 60 days.
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