Sovereign immunity represents one of the most complex areas of Pennsylvania law, creating significant barriers for individuals seeking to hold government entities accountable for their actions. This legal doctrine traditionally shields state and local governments from lawsuits, but Pennsylvania has carved out specific exceptions where citizens may pursue claims against government agencies. Understanding these exceptions can make the difference between a successful claim and a case that gets dismissed before it ever reaches trial.
When government negligence causes harm, victims often face an uphill battle to secure compensation for their injuries. At Rubin, Glickman, Steinberg & Gifford, we have navigated these challenging cases for over 65 years, helping Pennsylvania residents understand their rights and pursue justice when government entities fail in their duties to protect public safety.
What Is Sovereign Immunity in Pennsylvania?
Sovereign immunity is a legal doctrine that historically prevented lawsuits against government entities, but Pennsylvania’s courts abolished this immunity in the 1970s. However, the legislature responded by enacting the Sovereign Immunity Act in 1980, which effectively restored these protections with specific exceptions.
Pennsylvania law creates two distinct types of immunity depending on which government entity is involved. The Pennsylvania Tort Claims Act governs claims against the state, while the Political Subdivision Tort Claims Act handles lawsuits against local municipalities such as counties, cities, townships, and school districts.
These laws begin with blanket immunity for government entities but then create specific exceptions where citizens can pursue claims. Understanding which exceptions apply to your situation determines whether you have a viable case against a government entity.
When You Can Sue the State of Pennsylvania
The Pennsylvania Sovereign Immunity Act waives the state’s immunity in several specific circumstances. The law allows claims for vehicle liability involving motor vehicles operated by state employees, medical malpractice by healthcare workers at state facilities, and damages involving the care, custody, or control of personal property held by state agencies.
Additional exceptions include situations involving dangerous conditions on state-owned real estate, though specific notice requirements must be met. For claims against Pennsylvania under the Sovereign Immunity Act, damages are capped at $250,000 per person and $1,000,000 per incident.
The state retains immunity for intentional torts, meaning you generally cannot sue Pennsylvania for deliberate wrongful acts by its employees. This limitation can be particularly frustrating for victims of police misconduct or other intentional government wrongdoing.
Suing Local Governments Under the Tort Claims Act
Local governments operate under similar but distinct rules through the Political Subdivision Tort Claims Act. This law creates exceptions to governmental immunity for local agencies, including liability for vehicle accidents, dangerous conditions on government property, and situations involving the care and custody of animals like police dogs.
The Political Subdivision Tort Claims Act limits damages against local agencies to a maximum of $500,000 either by a single plaintiff or in the aggregate. Unlike state claims, the law allows recovery for loss of support and restricts recovery for pain and suffering to cases involving death or permanent injuries where medical expenses exceed $1,500.
One significant difference with local government claims involves employee misconduct. The Tort Claims Act provides that officials who commit willful misconduct cannot hide behind immunity protections when their actions constitute “a crime, actual fraud, actual malice, or willful misconduct.”
Critical Notice Requirements and Time Limits
Both state and local government claims require strict adherence to procedural requirements that differ from typical personal injury cases. Before filing a lawsuit, you must provide written notice of your claim within six months of the injury to the responsible government agency. For state claims, you must also send a copy to the Pennsylvania Attorney General.
The notice must include specific information about the injured party, the circumstances of the incident, and the damages being claimed. Failure to provide proper notice within the required timeframe typically results in dismissal of your case, regardless of the strength of your underlying claim.
These shortened notice periods create significant challenges for injury victims who may still be recovering from their injuries or unaware of the government’s involvement in their accident. Working with attorneys familiar with these requirements becomes essential to preserving your rights.
Navigating Government Liability Claims
Government liability cases present unique challenges beyond the immunity doctrines themselves. Government entities will be represented by experienced attorneys who understand these complex laws and will aggressively defend against claims using every available immunity and procedural defense.
Common government liability scenarios include accidents involving government vehicles, dangerous conditions on public property, and failures in medical care at state facilities. Each type of claim requires careful analysis to determine which immunity laws apply and what exceptions might allow your case to proceed.
Rubin, Glickman, Steinberg & Gifford: Fighting for Justice Against Government Entities
Government immunity cases demand extensive knowledge of complex statutory schemes and procedural requirements that can trap unwary plaintiffs. Our attorneys understand both the substantive law governing these claims and the strict procedural requirements that must be followed to preserve your rights. We have successfully represented clients in cases involving government vehicle accidents, dangerous property conditions, and nursing home negligence at state facilities.
Whether your claim involves the state of Pennsylvania or a local government entity, we can evaluate your case and determine the best path forward. Our commitment to justice and our recognition as a “Best Law Firm” by U.S. News & World Report reflect our dedication to obtaining favorable results for our clients, even in the most challenging cases. Contact us today at (215) 822-7575 or through our online contact form to discuss how we can help you navigate Pennsylvania’s complex government liability laws.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
October 1, 2025
