PRINTER'S NO. 1828
No. 1453 Session of 2003
INTRODUCED BY D. EVANS, CLYMER, FABRIZIO, GRUCELA, DeWEESE,
CURRY, KENNEY, McCALL, FREEMAN, BIANCUCCI, TIGUE, BEBKO-
JONES, PISTELLA, YOUNGBLOOD, WHEATLEY, CAWLEY, LEACH,
STABACK, WASHINGTON, JAMES, KIRKLAND, SCRIMENTI, HARHAI,
THOMAS, FRANKEL, McGEEHAN AND BROWNE, MAY 14, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MAY 14, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 exceptions to sovereign immunity.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 8522(b)(5) of Title 42 of the
7 Pennsylvania Consolidated Statutes is amended to read:
8 § 8522. Exceptions to sovereign immunity.
9 * * *
10 (b) Acts which may impose liability.--The following acts by
11 a Commonwealth party may result in the imposition of liability
12 on the Commonwealth and the defense of sovereign immunity shall
13 not be raised to claims for damages caused by:
14 * * *
15 (5) Potholes and other dangerous conditions.--A
16 dangerous condition of highways under the jurisdiction of a
17 Commonwealth agency created by potholes or sinkholes or other
1 similar conditions created by natural elements, except that
2 the claimant to recover must establish that the dangerous
3 condition created a reasonably foreseeable risk of the kind
4 of injury which was incurred and that the Commonwealth agency
5 had actual written notice, or actual oral notice through a
6 Statewide telephone hotline designed by the Commonwealth
7 agency for the reporting of potholes, sinkholes or other
8 similar conditions, of the dangerous condition of the highway
9 a sufficient time prior to the event to have taken measures
10 to protect against the dangerous condition. Property damages
11 [shall not] may be recoverable under this paragraph.
12 * * *
13 Section 2. This act shall take effect in 60 days.
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