No civil action shall be maintained against the Town of LaGrange or
the Town Superintendent of Highways of the Town of LaGrange, or against any
improvement district in the Town of LaGrange, for damages or injuries to person
or property sustained by reason of any highway, bridge, culvert or any other
property, either real or personal, of any type or description, owned by the
Town of LaGrange, or any property owned by any improvement district therein,
being defective, out of repair, unsafe, dangerous or obstructed, unless written
notice of such defective, unsafe, dangerous or obstructed condition of such
highway, bridge, culvert or any other property owned by the Town of LaGrange,
or any property owned by any improvement district, was actually given to the
Town Clerk of the Town of LaGrange, or the Town Superintendent of Highways
of the Town of LaGrange, and that there was a failure or neglect within a
reasonable time after the giving of such notice to repair or remove the defect,
danger or obstruction complained of; and no such action shall be maintained
for damages or injuries to persons or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, culvert or any other
property owned by the Town of LaGrange, or any property owned by the improvement
district in the Town of LaGrange, unless written notice thereof, specifying
the particular place, was actually given to the Town Clerk of the Town of
LaGrange or the Town Superintendent of Highways of the Town of LaGrange and
there was a failure or neglect to cause such snow or ice to be removed or
to make the place otherwise reasonably safe within a reasonable time after
receipt of such notice.
No civil action shall be maintained against the Town of LaGrange and/or
the Town Superintendent of Highways of the Town of LaGrange for damages or
injuries to person or property sustained by reason of any defect in the sidewalks
of the Town of LaGrange, or in consequence of the existence of snow or ice
upon any of its sidewalks, unless such sidewalks have been constructed or
are maintained by the Town of LaGrange or the Superintendent of Highways of
the Town of LaGrange pursuant to statute; nor shall any action be maintained
for damages or injuries to person or property sustained by reason of such
defect, or in consequence of such existence of snow or ice, unless written
notice thereof, specifying the particular place, was actually given to the
Town Clerk of the Town of LaGrange or to the Town Superintendent of Highways
of the Town of LaGrange and there was a failure or neglect to cause such defect
to be remedied, such snow or ice to be removed or to make the place otherwise
reasonably safe within a reasonable time after the receipt of such notice.
The Town Superintendent of Highways of the Town of LaGrange shall transmit,
in writing, to the Town Clerk of the Town of LaGrange, within 10 days after
receipt thereof, all written notices received by him pursuant to this chapter,
and he shall take any and all corrective action with respect thereto as soon
as possible.
The Town Clerk of the Town of LaGrange shall keep an index record, in a separate book, of all written notices which she shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice and snow upon, any Town highway, bridge, culvert or a sidewalk, or any other property described in §
168-1 owned by the Town of LaGrange or by any improvement district, which record shall state the date of the receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of such notice shall be preserved for a period of five years from the date it is received. The Town Clerk, upon receipt of such written notice, shall immediately and in writing notify the Town Superintendent of Highways of the Town of LaGrange of the receipt of such notice.
Nothing contained in this chapter shall be held to repeal, modify or
waive any existing requirement or statute of limitations which is applicable
to these causes of actions but, on the contrary, this chapter shall be held
to be additional requirements to the right to maintain such action; nor shall
anything herein contained be held to modify any existing rule of law relative
to the question of contributory negligence, nor to impose upon the Town of
LaGrange, its officers and employees, and any of its improvement districts,
any greater duty or obligations that it shall keep its streets and sidewalks
fit for public use and travel.