By Zach Focht, Assistant Vice President, Sales Manager at EHD 

The Pennsylvania Political Subdivision Tort Claims Act (PSTCA) is a state law that limits the immunity of local governments from certain types of lawsuits. The act is intended to protect public entities and their employees from liability for certain acts when performing their duties on behalf of the local government entity, while still holding them accountable in some instances.  

Primarily, PSTCA provides limited immunity for any damages arising out of an injury to a person or property caused by a Pennsylvania political subdivision. However, there are exceptions to this rule, and the PSTCA makes local governments liable for damages in certain circumstances.  

At EHD, we’re well versed in this law and can help advocate for our public entity clients. To help our clients better understand the PSTCA, we’re outlining these exceptions below as well as the damages. 

Damages can be awarded if the liability imposed resulted from one of the exceptions below: 

  1. Damages arising from the operation of a motor vehicle 
  2. Damage to the personal property of others in the care, custody, or control of the municipality 
  3. Liability arising out of the care, custody, or control of real property 
  4. Damages that result from the dangerous condition of traffic lights, streetlights, traffic controls 
  5. Damages resulting from the dangerous condition of steam, sewer, water, gas, or electric systems  
  6. Damages resulting from the dangerous condition of streets 
  7. Liability arising out of the care, custody, or control of animals 

The PSTCA also places limits on the amounts of damages that can be awarded against political subdivisions.  

Under the law, the maximum liability for a single occurrence is $500,000. Losses are limited to earnings, loss of consortium, property losses, medical and dental expenses, and pain and suffering in instances of death or permanent loss of bodily function.  

There is also an offset for insurance benefits paid to a claimant. For example, a subdivision may be liable for a citizen’s insurance deductible for damages to a vehicle resulting from an auto accident. Additionally, plaintiffs must file written notice of a claim under the PSTCA within 180 days of the loss date.  

EHD is here to help 

The PSTCA is complex and can be difficult for political subdivisions to navigate on their own. Our insurance and risk management professionals can help our public entity clients leverage this tool to their advantage. Reach out to an EHD representative today for more information on how we can help limit your liability today.