42 Pennsylvania Consolidated Statutes Chapter 83 - Particular Rights And Immunities
Subchapter A. Rights of Action
- Section 8301 - Death Action
(a) General rule.--An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by...
- Section 8302 - Survival Action
All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of...
- Section 8303 - Action For Performance Of A Duty Required By Law
A person who is adjudged in an action in the nature of mandamus to have failed or refused without lawful justification to perform a...
- Section 8304 - Damages In Actions On Bad Checks
(a) General rule.--In a civil action to recover damages and costs following a conviction for passing a bad check pursuant to 18 Pa.C.S. §...
- Section 8305 - Actions For Wrongful Birth And Wrongful Life
(a) Wrongful birth.--There shall be no cause of action or award of damages on behalf of any person based on a claim that, but...
- Section 8306 - Defense Against Claim For Injury Sustained In Utero Barred
Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a...
- Section 8307 - Action By Parent, Guardian Or Other Custodian For Damages In The Sale Or Transfer Of Controlled Substances To A Child
(a) Cause of action established.--The parent, guardian or other custodian of any child under 18 years of age to whom a controlled substance or...
- Section 8308 - Damages In Actions On Retail Theft
(a) General rule.--In a civil action based on retail theft, as defined in 18 Pa.C.S. § 3929(a) (relating to retail theft), a court of...
- Section 8309 - Civil Rights Violations
(a) Redress for personal injury.--A person who incurs injury to his person or damage or loss to his property as a result of conduct...
- Section 8310 - Damages In Actions On Thefts Of Leased Property
(a) General rule.--In a civil action based on theft of leased property, as defined in 18 Pa.C.S. § 3932(a) (relating to theft of leased...
- Section 8311 - Damages In Actions For Conversion Of Timber
(a) General rule.--In lieu of all other damages or civil remedies provided by law, a person who cuts or removes the timber of another...
- Section 8312 - Profits Received As A Result Of Commission Of Crime
(a) General rule.--If a person has been convicted of a crime, every person who knowingly contracts for, pays or agrees to pay any profit...
- Section 8313 - Agricultural Crop Destruction
(a) Civil action and relief available.--An aggrieved owner of damaged field crops, vegetable or fruit plants or trees raised for scientific or commercial purposes...
- Section 8314 - Assault With Biological Agent On Animal, Fowl Or Honey Bees
(a) Civil action and relief available.--An animal owner aggrieved by exposure of an animal, fowl or honey bees to any virus, bacteria, prion or...
- Section 8315 - Damages In Actions For Identity Theft
In a civil action based on identity theft as defined in 18 Pa.C.S. § 4120 (relating to identity theft), a court of competent jurisdiction...
- Section 8316 - Unauthorized Use Of Name Or Likeness
(a) Cause of action established.--Any natural person whose name or likeness has commercial value and is used for any commercial or advertising purpose without...
- Section 8316.1 - Damages In Actions For Unlawful Dissemination Of Intimate Image
(a) Cause of action established.--A person may bring a civil cause of action based upon unlawful dissemination of intimate image, as defined in 18...
- Section 8317 - Actions Involving Products Or Services Used To Invade Privacy
No person shall have a cause of action against a manufacturer of a device or a provider of a product or service that is...
- Section 8318 - Terrorism Action
(a) General rule.--In addition to any other right of action and any other remedy provided by law, an action may be brought to recover...
- Section 8319 - Ecoterrorism
(a) Civil action and relief.--An individual aggrieved by the offense of ecoterrorism as defined in 18 Pa.C.S. § 3311(a) (relating to ecoterrorism) may, in...
- Section 8320 - Commemorative Service Demonstration Action
(a) Civil action.--In addition to any other right of action and any other remedy provided by law, an individual aggrieved by the offense defined...
Subchapter B. Contribution Among Tort-feasors
Subchapter C. Immunities Generally
- Section 8331 - Medical Good Samaritan Civil Immunity
(a) General rule.--Any physician or any other practitioner of the healing arts or any registered nurse, licensed by any state, who happens by chance...
- Section 8331.1 - Veterinary Good Samaritan Civil Immunity
(a) General rule.--Any individual licensed to practice veterinary medicine who, in good faith, renders emergency care to any animal which such individual has discovered...
- Section 8331.2 - Good Samaritan Civil Immunity For Use Of Automated External Defibrillator
(a) General rule.--Any person who in good faith acquires and maintains an AED or uses an AED in an emergency shall not be liable...
- Section 8331.3 - Criminal Victim Aid Good Samaritan Civil Immunity
(a) General rule.--Any person who provides or obtains or attempts to provide or obtain assistance for a victim of a personal injury crime at...
- Section 8332 - Emergency Response Provider And Bystander Good Samaritan Civil Immunity
(a) General rule.--Any person, including an emergency response provider, whether or not trained to practice medicine, who in good faith renders emergency care, treatment,...
- Section 8332.1 - Manager, Coach, Umpire Or Referee And Nonprofit Association Negligence Standard
(a) General rule.--Except as provided otherwise in this section, no person who, without compensation and as a volunteer, renders services as a manager, coach,...
- Section 8332.2 - Officer, Director Or Trustee Of Nonprofit Organization Negligence Standard
(a) General rule.--Except as provided otherwise in this section, no person who serves without compensation, other than reimbursement for actual expenses, as an officer,...
- Section 8332.3 - Volunteer Firefighter Civil Immunity
Volunteer firefighters shall be treated as public employees as defined in section 8501 (relating to definitions). This section shall not be construed to reduce...
- Section 8332.4 - Volunteer-in-public-service Negligence Standard
(a) Services covered.-- (1) Except as provided otherwise in this section, no person who, without compensation and as a volunteer, renders public services for...
- Section 8332.5 - Corporate Representatives
(a) General rule.--The liability of an individual shall be limited to the extent expressly provided by or pursuant to Title 15 (relating to corporations...
- Section 8332.6 - Antidrug And Town-watch Volunteer Civil Immunity
(a) General rule.--An antidrug or town-watch volunteer who acts in good faith and within the scope of the volunteer's role with an antidrug or...
- Section 8332.7 - Immunity Of State Parole Officers
(a) Assistance of law enforcement personnel.--In addition to the provisions of section 27 of the act of August 6, 1941 (P.L.861, No.323), referred to...
- Section 8332.8 - Immunity Of County Probation Officers
(a) Assistance of law enforcement personnel.--In addition to the provisions of section 1 of the act of August 6, 1963 (P.L.521, No.277), entitled "An...
- Section 8333 - Body Fluid And Tissue Limited Civil Immunity
(a) General rule.--No person shall be held liable for death, disease or injury resulting from the lawful transfusion of blood, blood components or plasma...
- Section 8334 - Civil Immunity In Mass Immunization Projects
(a) General rule.--Any physician who does not receive remuneration for his services in a mass immunization project approved in writing by the Department of...
- Section 8335 - Damages For Conversion Of Property Of Fluctuating Value
Damages for the conversion of stocks, bonds, or other like property of fluctuating value shall be limited to the difference between the proceeds of...
- Section 8336 - Civil Immunity For Assistance Upon Request In Incidents Involving The Transportation Of Hazardous Substances
(a) General rule.--During the course of transportation, including the loading and unloading thereof, of hazardous substances, no person shall be liable in civil damages...
- Section 8337 - Civil Immunity Of School Officers Or Employees Relating To Drug Or Alcohol Abuse
(a) General rule.--Any officer or employee of a school who, in the scope of official duty, reports drug or alcohol abuse involving a student...
- Section 8337.1 - Civil Immunity Of School Officers Or Employees Relating To Emergency Care, First Aid And Rescue
(a) General rule.--An officer or employee of a school who in good faith believes that a student needs emergency care, first aid or rescue...
- Section 8338 - Liability For Damages From Donated Food And Grocery Products
(a) General rule.--A person is not subject to civil or criminal liability arising from the nature, age, packaging or condition of apparently wholesome food...
- Section 8338.1 - Liability For Damages From Donated Vehicles Or Equipment To Volunteer Fire Companies
(a) General rule.--A person is not subject to civil liability arising from the nature or condition of vehicles or equipment which were reasonably believed...
- Section 8339 - Agricultural Immunity
(a) General rule.--No cause of action shall arise against the owner, tenant or lessee of land or premises for injuries to any person, other...
- Section 8339.1 - Railroad Civil Immunity
(a) General rule.--A railroad carrier owes no duty of care to keep its railroad property safe for entry or use by any trespasser who...
- Section 8340 - Immunity Of Program Administrators And Supervisors
Any probation officer or agent of the Pennsylvania Board of Probation and Parole and any public service or charitable agency or organization or political...
- Section 8340.1 - Employer Immunity From Liability For Disclosure Of Information Regarding Former Or Current Employees
(a) General rule.--An employer who discloses information about a current or former employee's job performance to a prospective employer of the current or former...
- Section 8340.2 - Civil Immunity For Use Of Force
(a) General rule.--An actor who uses force: (1) in self-protection as provided in 18 Pa.C.S. § 505 (relating to use of force in self-protection);...
Subchapter D. Defamation
Subchapter E. Wrongful Use of Civil Proceedings
Subchapter F. Corporate Directors' Liability (Repealed)
- Section 8361 - § 8367 - (Repealed)
1990 Repeal. Subchapter F (§§ 8361 - 8367) was added November 28, 1986, P.L.1458, No.145, and repealed December 19, 1990, P.L.834, No.198, effective immediately....
Subchapter F.1. Successor Business Entity Liability
- Section 8368.1 - Legislative Findings And Declaration
(a) Findings.--The General Assembly finds that: (1) Asbestos-related claims threaten the continued viability of successor business entities which are formed or organized under the...
- Section 8368.2 - Definitions
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly...
- Section 8368.3 - Liability
(a) Limitation.--Except as provided under subsection (c), the cumulative successor asbestos-related liability of a successor business entity shall be limited to the fair market...
- Section 8368.4 - Fair Market Value
(a) Establishment.--A successor business entity may establish the fair market value of total gross assets of the transferor as of the time of the...
- Section 8368.5 - Adjustment Of Fair Market Value
(a) Annual increase.--Except as provided under subsection (c), the fair market value of total gross assets of a transferor as determined under section 8368.4...
- Section 8368.6 - Applicability And Construction
(a) Applicability.--This subchapter shall not apply to any of the following: (1) An asbestos claim for which the applicable period of limitation commenced on...
Subchapter G. Special Damages
Subchapter H. Drug Nuisances
- Section 8381 - Short Title Of Subchapter
This subchapter shall be known and may be cited as the Drug Nuisance Law.
- Section 8382 - Definitions
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly...
- Section 8383 - Action To Abate
Wherever there is reason to believe that a drug-related nuisance exists, the district attorney, the Attorney General, if requested by a district attorney, the...
- Section 8384 - Complaint
(a) Adverse impact.--The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug nuisance upon the surrounding neighborhood. Adverse...
- Section 8385 - Service Of Original Process
(a) General rule.--A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first...
- Section 8386 - Preliminary Injunction
Upon the filing of a motion for preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the...
- Section 8387 - Protection Of Witnesses
At the time of an application for the issuance of a restraining order or an injunction if proof of the existence of the drug-related...
- Section 8388 - Security
No bond shall be required to issue a preliminary injunction or special injunction sought by the district attorney or the solicitor for the county...
- Section 8389 - Judgment And Remedies
(a) Burden of proof.--The plaintiff must establish that a drug-related nuisance exists by a preponderance of the evidence. (b) Relief.--If the existence of a...
- Section 8390 - Violation Of Injunctions Or Abatement Order
(a) Contempt.--A violation of any court order issued under this subchapter is punishable as a contempt of court by a fine of not less...
- Section 8391 - Release And Cancellation
(a) No knowledge and abatement.--The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner...
- Section 8392 - Severability
If any provision of this subchapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of this subchapter...
Last modified: October 8, 2016