§ 2-320. Filing claim.

(a)

The city shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or 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 death or injury, shall within six months from the date the damage or injury was received, give notice in writing to the city manager of the following facts:

(1)

The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received;

(2)

The nature of the damage or injury sustained;

(3)

The apparent extent of the damage or injury sustained;

(4)

A specific and detailed statement of how and under what circumstances the damage or injury occurred;

(5)

The amount for which each claimant will settle;

(6)

The actual place of residence of each claimant by street, number, city and state on the date the claim is presented;

(7)

In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed;

(8)

In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.

(b)

The notice requirements provided or ratified and approved by subsection (a) of this section do not apply if the governmental unit has actual notice that:

(1)

Death has occurred;

(2)

The claimant has received some injury; or

(3)

The claimant's property has been damaged.

(Code 1990, ch. 1, § 18(A); Ord. of 11-1-1983; Ord. of 11-5-1985)

State law reference

Notice required, V.T.C.A., Civil Practice and Remedies Code § 101.101.

Charter reference

Notice, art. X, § 11.