Sovereign Immunity - Limited Rights to Sue the Government
Sovereign Immunity is the legal defense available to government entities which makes it unlawful to sue them. The concept of Sovereign Immunity originated long ago and is associated with the idea that “the King can do no wrong.”
Currently, in Pennsylvania, both state agencies (the Commonwealth, state police, state universities, SEPTA, etc.) and local agencies (townships, boroughs, municipalities, local police and fire departments, etc.) enjoy limited Immunity from civil lawsuits. In addition, when state or local governmental agencies can be sued, the potential recovery is limited, or “capped,” by law.
The following are some of the features of state and local Sovereign Immunity:
STATE IMMUNITY
Commonwealth parties are generally immune from lawsuits. However, the Immunity is not applicable to the following common situations, meaning that an injured person can sue a Commonwealth agency for injuries relating to:
Motor Vehicle Accidents
If a Commonwealth party causes a motor vehicle accident, there is no Immunity.
Medical-Professional Liability
There is no Immunity for injuries caused by doctors, dentists, nurses or other health care personnel employed by the Commonwealth who cause injury.
Commonwealth Real Estate, Highways and Sidewalks
Under certain circumstances, the Commonwealth remains legally responsible for failing to correct or properly maintain its real estate.
Potholes and Sinkholes
The Commonwealth can be held liable for personal injuries (but not property damage) caused by potholes or sinkholes, but only if the injured party can prove that the Commonwealth had actual written notice of the condition a sufficient time prior to the accident to have corrected the condition.
Liquor Store Sales
The Commonwealth remains liable for injuries caused by serving minors, visibly intoxicated persons or others who it is illegal to serve under the Liquor Code.
Animals Under Control of Commonwealth
The Commonwealth remains liable for injuries caused by its animals, like police dogs or horses.
In legal actions against the Commonwealth, there is a limit or “cap” on the amount of the recovery of $250,000 for any person and $1,000,000 for any single accident.
LOCAL IMMUNITY
Like the Commonwealth, local agencies enjoy Immunity, but it is waived for the following types of cases:
Vehicle Liability
If a local agency party causes a motor vehicle accident, there is no Immunity.
Real Property
Under certain circumstances, the local agency remains legally responsible for failing to correct or properly maintain its real estate.
Trees, Traffic Controls, Street Lighting, Sidewalks, Utility Service Facilities and Streets
The agency can be held liable for personal injuries, but only if it can be shown that it had actual notice of the condition or could reasonably be expected to know of the condition and had enough time prior to the accident to fix it.
Animals
The agency remains liable for injuries caused by its animals.
Damages recoverable against a local agency are capped at $500,000 per accident. In addition, injured parties may not make claims for pain and suffering, unless the injury results in death, a permanent loss of a body function, permanent disfigurement or permanent dismemberment.
Tim is a graduate of Widener University School of Law (J.D.) and the Temple University Beasley School of Law (Master’s Degree in Trial Advocacy). Tim focuses his practice in Personal Injury law, including car, truck, motorcycle, bicycle and pedestrian accidents, slip and falls, dangerous products/products liability cases, and medical malpractice. Tim is a partner in the Chester County, PA, law firm of MacElree Harvey and has offices in Kennett Square and West Chester, PA, and Centreville, DE.
Tim is the author of numerous publications on Personal Injury law and writes a Blog providing news and information on Personal Injury law at www.macelree.com/traynelaw and is a columnist for The Kennett Paper writing a column titled “Legal Lines.” Tim has also published two books on Personal Injury law: “A Lawyer’s Guide to Purchasing Car Insurance” and “A Lawyer’s Guide to Personal Injury Cases.” In 2007, Tim was named by Main Line Today magazine as one of the area’s Top Personal Injury Litigators. In addition, Tim is a member of the Million Dollar Advocates Forum which recognizes the “Top Trial Lawyers in America,” with membership limited to attorneys who have won million dollar awards and settlements on behalf of their clients.
Tim can be reached by phone at 610-840-0124, by email at trayne@macelree.com or on his Blog at www.macelree.com/traynelaw.
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