The Town shall never be liable for any personal injury, whether
resulting in death or not, unless the person injured or someone in
his behalf, or in the event the injury results in death, the person
who may have a cause of action under the law by reason of such fatal
injury, shall file a notice in writing with the Town Administrator
or the Town Secretary, within thirty (30) days after the date of the
injury, stating specifically in such notice when, where and how the
exact injury occurred and the full extent thereof, together with the
amount of damages claimed or asserted.
(1971 Code, sec. 2-54)
The Town shall never be liable for any claim for damage or injury
to personal property unless the person whose personal property has
been injured or damaged, or someone in his behalf, shall file a notice
in writing with the Town Administrator or the Town Secretary, within
thirty (30) days after such damage or injury has occurred, stating
specifically when, where, and how the injury or damage occurred and
the full extent thereof, and the amount of damage sustained.
(1971 Code, sec. 2-55)
The Town shall never be liable for any claim for damage or injury
to real property caused by the negligent act or omission of its officers,
servants, agents or employees, unless the person whose real property
has been injured or damaged, or someone in his behalf, shall file
a notice in writing with the Town Administrator or Town Secretary,
within thirty (30) days after such damage or injury has occurred,
stating specifically when, where and how the injury or damage occurred
and the amount of damage claimed.
(1971 Code, sec. 2-56)
The Town shall never be liable on account of any damage or injury
to person or to personal property arising from or occasioned by any
defect in any public street, highway, alley, sidewalk, grounds or
public work of the Town, unless the specific defect causing the damage
or injury shall have been actually known to the Town Administrator
or Town Secretary at least forty-eight (48) hours prior to the occurrence
of the injury or damage, or unless the attention of the Town Administrator
or Town Secretary shall have been called thereto by a notice thereof
in writing at least forty-eight (48) hours prior to the occurrence
of the injury or damage and proper diligence has not been exercised
to rectify the defect. The notice herein required to be given to the
Town Administrator or Town Secretary of the specific defect causing
the damage or injury shall apply where the defect arose from any omission
of the Town itself, or through its agents, servants, or employees,
or acts of third parties.
(1971 Code, sec. 2-57)
The failure to notify the Town Administrator or Town Secretary
within the time and manner specified in this article shall exonerate,
excuse and exempt the Town from any liability whatsoever.
(1971 Code, sec. 2-58)
No act of any officer or employee of the Town shall waive compliance,
or stop the Town from requiring compliance, with the provisions of
this article as to notice, but such provisions may be waived by resolution
of the Town Council.
(1971 Code, sec. 2-59)
(a)
The
above written notice requirements shall be waived if the Town has
actual knowledge of death, injury or property damage likely to result
in a claim against the Town. The Town shall not be deemed to have
actual knowledge unless that knowledge is attributable to an appropriate
Town official whose job duties include the authority to investigate
and/or settle claims against the Town.
(b)
Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(Ordinance adopting Code)
