Real Estate Exception to Sovereign Immunity
In Williams v. Philadelphia Housing Authority, 873 A.2d 81 (Pa. Cmwlth. 2005), the Court explained the essentials of the real estate exception to sovereign immunity:
The negligence must make the real property itself unsafe for its intended use ... Stated otherwise, the negligence must create a defect in the real estate ... Further, it must be the dangerous condition or defect in the real estate that causes the injury.
If a defect merely facilitates an injury to be caused by the acts of other persons, the defect or dangerous condition is not actionable ... Finally, as is the case for each exception to governmental or sovereign immunity, the real estate exception must be narrowly construed to effect the General Assembly's intent to insulate state and local agencies from tort liability ...Id. at 86.