8522 - Exceptions to sovereign immunity.

     § 8522.  Exceptions to sovereign immunity.        (a)  Liability imposed.--The General Assembly, pursuant to     section 11 of Article I of the Constitution of Pennsylvania,     does hereby waive, in the instances set forth in subsection (b)     only and only to the extent set forth in this subchapter and     within the limits set forth in section 8528 (relating to     limitations on damages), sovereign immunity as a bar to an     action against Commonwealth parties, for damages arising out of     a negligent act where the damages would be recoverable under the     common law or a statute creating a cause of action if the injury     were caused by a person not having available the defense of     sovereign immunity.        (b)  Acts which may impose liability.--The following acts by     a Commonwealth party may result in the imposition of liability     on the Commonwealth and the defense of sovereign immunity shall     not be raised to claims for damages caused by:            (1)  Vehicle liability.--The operation of any motor        vehicle in the possession or control of a Commonwealth party.        As used in this paragraph, "motor vehicle" means any vehicle        which is self-propelled and any attachment thereto, including        vehicles operated by rail, through water or in the air.            (2)  Medical-professional liability.--Acts of health care        employees of Commonwealth agency medical facilities or        institutions or by a Commonwealth party who is a doctor,        dentist, nurse or related health care personnel.            (3)  Care, custody or control of personal property.--The        care, custody or control of personal property in the        possession or control of Commonwealth parties, including        Commonwealth-owned personal property and property of persons        held by a Commonwealth agency, except that the sovereign        immunity of the Commonwealth is retained as a bar to actions        on claims arising out of Commonwealth agency activities        involving the use of nuclear and other radioactive equipment,        devices and materials.            (4)  Commonwealth real estate, highways and sidewalks.--A        dangerous condition of Commonwealth agency real estate and        sidewalks, including Commonwealth-owned real property,        leaseholds in the possession of a Commonwealth agency and        Commonwealth-owned real property leased by a Commonwealth        agency to private persons, and highways under the        jurisdiction of a Commonwealth agency, except conditions        described in paragraph (5).            (5)  Potholes and other dangerous conditions.--A        dangerous condition of highways under the jurisdiction of a        Commonwealth agency created by potholes or sinkholes or other        similar conditions created by natural elements, except that        the claimant to recover must establish that the dangerous        condition created a reasonably foreseeable risk of the kind        of injury which was incurred and that the Commonwealth agency        had actual written notice of the dangerous condition of the        highway a sufficient time prior to the event to have taken        measures to protect against the dangerous condition. Property        damages shall not be recoverable under this paragraph.            (6)  Care, custody or control of animals.--The care,        custody or control of animals in the possession or control of        a Commonwealth party, including but not limited to police        dogs and horses and animals incarcerated in Commonwealth        agency laboratories. Damages shall not be recoverable under        this paragraph on account of any injury caused by wild        animals, including but not limited to bears and deer, except        as otherwise provided by statute.            (7)  Liquor store sales.--The sale of liquor at        Pennsylvania liquor stores by employees of the Pennsylvania        Liquor Control Board created by and operating under the act        of April 12, 1951 (P.L.90, No.21), known as the "Liquor        Code," if such sale is made to any minor, or to any person        visibly intoxicated, or to any insane person, or to any        person known as an habitual drunkard, or of known intemperate        habit.            (8)  National Guard activities.--Acts of a member of the        Pennsylvania military forces.            (9)  Toxoids and vaccines.--The administration,        manufacture and use of a toxoid or vaccine not manufactured        in this Commonwealth under the following conditions:                (i)  The toxoid or vaccine is manufactured in, and            available only from, an agency of another state.                (ii)  The agency of the other state will not make the            toxoid or vaccine available to private persons or            corporations, but will only permit its sale to another            state or state agency.                (iii)  The agency of the other state will make the            toxoid or vaccine available to the Commonwealth only if            the Commonwealth agrees to indemnify, defend and save            harmless that agency from any and all claims and losses            which may arise against it from the administration,            manufacture or use of the toxoid or vaccine.                (iv)  A determination has been made by the            appropriate Commonwealth agency, approved by the Governor            and published in the Pennsylvania Bulletin, that the            toxoid or vaccine is necessary to safeguard and protect            the health of the citizens or animals of this            Commonwealth.                (v)  The toxoid or vaccine is distributed by a            Commonwealth agency to qualified persons for ultimate            use.        The Commonwealth shall make the toxoid or vaccine available        to a qualified person only if the person agrees to indemnify,        defend and save harmless the Commonwealth from any and all        claims and losses which may arise against the Commonwealth        from the manufacture, distribution, administration or use of        the toxoid or vaccine.     (Dec. 11, 1986, P.L.1481, No.151, eff. imd.)        1986 Amendment.  Act 151 amended subsec. (b).        Cross References.  Section 8522 is referred to in section     8528 of this title; section 1711 of Title 74 (Transportation).