§ 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 the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained […]
§ 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 one or more joint plaintiffs or defendants. Cross References. Section 8302 is referred to in section 3371 of Title 20 (Decedents, Estates and Fiduciaries).
§ 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 duty required by law shall be liable in damages to the person aggrieved by such failure or refusal.
§ 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. § 4105 (relating to bad checks) and failure to make full restitution, the payee shall, upon obtaining judgment, be entitled to recover damages in […]
§ 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 for an act or omission of the defendant, a person once conceived would not or should not have been born. Nothing contained […]
§ 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 defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the […]
§ 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 designer drug, as defined under the act of April […]
§ 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 competent jurisdiction shall utilize the following remedies: (1) Order the defendant to restore the merchandise to the plaintiff in its original condition, if […]
§ 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 described in 18 Pa.C.S. § 2710 (relating to ethnic intimidation) or 3307 (relating to institutional vandalism) shall have a right of action against the actor for […]
§ 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 property), a court of competent jurisdiction may utilize the following remedies: (1) Order the defendant to restore the merchandise to the […]
§ 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 person without the consent of that person shall be liable to that person in a civil action for an amount of damages […]
§ 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 from a crime to that person shall give written notice to the board of the payment or obligation to pay […]
§ 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 or for any testing or research purpose in conjunction with a public or private research facility or a university or any Federal, State or local government […]
§ 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 other agent which causes infectious disease, including foot-and-mouth disease, bovine spongiform encephalopathy (BSE), commonly known as mad cow disease, […]
§ 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 may award damages as follows: (1) Actual damages arising from the incident or $500, whichever is greater. Damages include loss of money, reputation […]
§ 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 the written consent of such natural person or the written consent of any of the parties authorized in subsection (b) may bring an […]
§ 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 Pa.C.S. § 3131 (relating to unlawful dissemination of intimate image), in order to recover damages for any loss or injury […]
§ 8316.2. Contracts or agreements for nondisclosure of certain conduct. (a) Void provisions.–A provision of an agreement, contract, settlement or similar instrument that does any of the following shall be void and unenforceable: (1) prohibits or attempts to prohibit the disclosure of the name of a person suspected of childhood sexual abuse to law enforcement […]
§ 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 used to commit a violation of 18 Pa.C.S. § 7507.1 (relating to invasion of privacy). (Nov. 16, 2005, P.L.378, No.69, […]
§ 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 damages against a terrorist, terrorist organization or person who knowingly provided material support or resources to or aided a terrorist or terrorist organization for the death of […]
