Government Immunity in Pennsylvania

I’m injured and the government was negligent! Why can’t I sue the government?

Government employees’ actions or failures to act sometimes cause personal injuries to other individuals. These cases can be difficult to work with because the government (specifically the Commonwealth of Pennsylvania) has legislated general immunity from most personal injury lawsuits. The idea is that without immunities government entities would be severely limited in their ability to provide basic community services for fear of litigation and expensive personal injury payouts. Also, without these immunities, taxes would be much higher. While the legitimacy of these arguments is suspect, these immunities can prevent valid victims of government negligence from ever obtaining justice or being able to pay their medical bills and necessary treatments. It can also prevent serious government reforms and changes to better the safety of the community.

Nonetheless, the Pennsylvania Tort Claims Act provides governmental immunity to local agencies, shielding them from liability for damages caused by their acts or the acts of their employees, except in specific instances outlined in the statute. There are nine exceptions where liability may be imposed:

(1) vehicle liability – for example, where a government employee is involved in a motor vehicle crash that causes someone injury.

(2) care, custody, or control of personal property – personal property of the government causes injury.

(3) care, custody, or control of real property – real estate of the government. So, if the government negligently repaired real estate and that real estate goes on to injure someone, the government may be liable. This does not include fixtures, appliances, or items that can be removed and transported away.

(4) trees, traffic controls, and street lighting.

(5) utility service facilities.

(6) streets.

(7) sidewalks.

(8) care, custody, or control of animals.

(9) an incident involving sexual abuse.

Importantly, the act prevents an individual from suing a government because a government actor may have committed intentional acts, such as an assault, against that individual.

The government entities covered by the Pennsylvania Tort Claims Act include local agencies, which are defined as government units other than the Commonwealth government. This definition encompasses political subdivisions, municipal authorities, and other local authorities, as well as any officers or agencies of such political subdivisions or local authorities. The Act specifically states that local agencies, including municipalities, counties, and their respective officials, are afforded immunity under this statute.