Title 36, Chapter 33, Section 5
( 36-33-5)
(a) No person, firm, or corporation having a claim for money damages
against any municipal corporation on account of injuries to person
or property shall bring any action against the municipal corporation
for such injuries, without first giving notice as provided in
subsection (b) of this Code section. (b) Within six months of the happening of the event upon which a
claim against a municipal corporation is predicated, the person,
firm, or corporation having the claim shall present the claim in
writing to the governing authority of the municipal corporation for
adjustment, stating the time, place, and extent of the injury, as
nearly as practicable, and the negligence which caused the injury.
No action shall be entertained by the courts against the municipal
corporation until the cause of action therein has first been
presented to the governing authority for adjustment. (c) Upon the presentation of such claim, the governing authority
shall consider and act upon the claim within 30 days from the
presentation; and the action of the governing authority, unless it
results in the settlement thereof, shall in no sense be a bar to an
action therefor in the courts. (d) The running of the statute of limitations shall be suspended
during the time that the demand for payment is pending before such
authorities without action on their part. |