§ 8528. Limitations on damages.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.

(b)Amount recoverable.-- Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000 in favor of any plaintiff or $1,000,000 in the aggregate.

(c)Types of damages recoverable.-- Damages shall be recoverable only for:

(1)Past and future loss of earnings and earning capacity.

(2)Pain and suffering.

(3)Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.

(4)Loss of consortium.

(5)Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to exceptions to sovereign immunity).

(d)Exclusions.-- This section shall not apply to damages awarded under section 8522(b)(10).

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(Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019)

2019 Amendment. Act 87 amended subsec. (c)(5) and added subsec. (d). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability.

Cross References. Section 8528 is referred to in section 8522 of this title; sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).

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SUBCHAPTER C

ACTIONS AGAINST LOCAL PARTIES

Sec.

GOVERNMENTAL IMMUNITY

8541. Governmental immunity generally.

8542. Exceptions to governmental immunity.

OFFICIAL IMMUNITY

8545. Official liability generally.

8546. Defense of official immunity.

8547. Legal assistance.

8548. Indemnity.

8549. Limitation on damages.

8550. Willful misconduct.

LIMITATIONS ON DAMAGES

8553. Limitations on damages.

JUDGMENTS

8557. Judgment as a bar.

8558. Judgments against insured local agency.

8559. Judgments against self-insured local agency and those not fully insured.

POWERS OF LOCAL AGENCIES

8563. General powers of local agencies.

8564. Liability insurance and self-insurance.

Venue, Interest and Intervention. Section 333 of Act 142 of 1980, which repealed the act of November 26, 1978, P.L.1399, No.330, known as the Political Subdivision Tort Claims Act, provided that actions under Subchapter C for claims against a local agency may be brought in and only in a county in which the local agency is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. Section 333 further provided that no interest shall accrue in any such action prior to any entry of judgment and provided that a local agency may intervene in any action brought against an employee thereof for damages on account of an injury to a person or property based on claims arising from, or reasonably related to, the office or the performance of the duties of the employee.

Cross References. Subchapter C is referred to in sections 762, 8337 of this title; section 315 of Title 3 (Agriculture); section 17142 of Title 16 (Counties); section 5311.1 of Title 35 (Health and Safety); section 3306 of Title 58 (Oil and Gas); section 6345 of Title 75 (Vehicles).

GOVERNMENTAL IMMUNITY

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