Sidewalk and Public Property Falls in Pennsylvania

A local agency (city, borough, township, county or other local government) can be liable for a dangerous condition of a sidewalk within the right-of-way of a street it owns, but only if the injured person proves the condition created a reasonably foreseeable risk of that kind of injury and the agency had actual notice, or could reasonably be charged with notice, in time to take protective measures. When the agency's liability rests on its power to require others (such as abutting property owners) to install and repair sidewalks under their care, custody and control, the agency is only secondarily liable and those other persons are primarily liable. Sidewalks are excluded from the separate real-property exception. Written notice of the claim must generally be filed with the government unit within six months (see local government notice).

Anyone planning to sue a government unit for injury must, within six months after the injury, file in the office of the government unit a signed written statement giving the claimant's and injured person's names and addresses, the date and hour and approximate location of the accident, and any attending physician's name and address (for Commonwealth agencies, also with the Attorney General). If it is not filed, a suit started more than six months after the injury must be dismissed, though the court must excuse the failure on a showing of reasonable excuse; for local governments, up to 90 days of incapacity is not counted, and failure to give notice is not a bar if the government unit had actual or constructive notice of the incident or condition. Damages against a local agency are capped at $500,000 in the aggregate per occurrence, are limited to listed types of loss (pain and suffering only for death or certain permanent injuries with medical expenses over $1,500), and are reduced by non-life insurance benefits.

Anyone planning to sue a government unit for injury to person or property must file a written notice within six months after the injury (with the government unit, and also with the Attorney General if the claim is against a Commonwealth agency) giving names, addresses, the date, time and location of the accident, and any attending physician. If not filed, the case will be dismissed unless the court finds a reasonable excuse. Damages against Commonwealth (state) agencies are capped at $250,000 per plaintiff and $1,000,000 in total per occurrence. Damages against local agencies are capped at $500,000 in total per occurrence, and pain and suffering is recoverable against local agencies only in cases of death or certain permanent injuries with medical expenses over $1,500.

Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.