Legal Question in Civil Litigation in Pennsylvania

Re: Govermental Immunity

There is governmental immunity for all claims against a local township (you can thank your state legislators for that law). However, a dangerous condition of a tree is an exception to the immunity law. However, your biggest problem will be to prove that the Township had "notice" of the dangerous condition sufficiently prior to the incident so that it could have taken appropriate steps to correct the situation. Therefore, you have to prove that the Township either inspected the tree, knew it was dangerous, but failed to correct the situation. Or, you have to prove that the dangerous condition existed for so long that if Township inspected the tree it would have discovered the dangerous condition. Your easiest claim is one against your own auto insurance company if you maintained "comprehensive" coverage on your auto policy.

Richard K. Teitell, Esquire

610-668-6424