Pennsylvania
How Baker v. State of New Hampshire applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Torts.
Pennsylvania follows principles from Baker v. State of New Hampshire regarding the government’s liability under the tort of negligence, emphasizing the need for a special duty of care owed to the plaintiff. The Pennsylvania Supreme Court has articulated that governmental entities are subject to liability in tort, but certain immunities may apply.
In Pennsylvania, a governmental entity may be held liable for tortious conduct if the plaintiff can prove that the entity acted negligently and that the negligent act was outside the protections of the Pennsylvania Political Subdivision Tort Claims Act.
The court ruled that the state is liable for damages caused by its negligent maintenance of public roads.
The court found that the municipality could be liable for a failure to provide adequate police protection to its citizens.
The court held that governmental immunity does not apply where the government’s actions are willful or malicious.
While federal tort liability under the Federal Tort Claims Act has specific rules and exceptions, Pennsylvania tort law allows for more flexibility in holding governmental entities accountable based on the facts of each case and the application of state statutes. Moreover, Pennsylvania's approach incorporates a broader range of exceptions to governmental immunity compared to federal standards.
Understanding the principles from Baker v. State of New Hampshire is critical for the Pennsylvania bar exam, particularly in addressing governmental liability in tort scenarios.