A.
The provisions of this article are not intended to waive any immunity
from tort liability provided by statute or common law.
B.
Any person having a claim against the Village by reason of injury
to person or damage to property shall give the Village written notice
of the claim within 120 days from the date of the occurrence. This
notice shall be served on the Clerk/Treasurer, the Village Manager,
or the Village Attorney, and shall contain the time and place of such
injury or damage, the manner in which it occurred, the extent of the
injury or damage as far as known, the names and addresses of witnesses,
and a statement that the person sustaining injuries or damages intends
to hold the Village liable for them. The one-hundred-twenty day notice
requirement corresponds with current state law. If the requirement
is changed pursuant to law, the notice requirement in this section
shall be amended by that change.
C.
Failure to give notice as provided in this section may be reason
to disallow any claim for injuries.
D.
Upon receiving notice, the Village shall respond promptly to each
claim. The claimant may be notified that the Village is not liable
because of immunity or other defense. The Village reserves the right
to assert all defenses if the claim is pursued in a court or other
forum.
E.
If the Village recognizes the possibility of liability, the response
shall specify the procedure for the resolution of the issue of liability
and adjustment of the amount of damages by mediation, arbitration
or other means designed to protect the public interest. A claimant's
failure to follow reasonable procedures designed to allow the Village
to fairly investigate the circumstances of the claim, determine liability
and fix damage shall be disclosed to any court or official with discretionary
authority over the award of costs.
