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§ 5-304. Notice of claim

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2017

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 3. Local Government Tort Claims (Refs & Annos)
Effective: October 1, 2017
MD Code, Courts and Judicial Proceedings, § 5-304
§ 5-304. Notice of claim
Scope of section
(a) This section does not apply to an action:
(1) Against a nonprofit corporation described in § 5-301(d)(23), (24), (25), (26), (28), or (29) of this subtitle or its employees; or
(2) Brought under § 5-117 of this title.
Form and contents of notice
(b)(1) Except as provided in subsections (a) and (d) of this section, an action for unliquidated damages may not be brought against a local government or its employees unless the notice of the claim required by this section is given within 1 year after the injury.
(2) The notice shall be in writing and shall state the time, place, and cause of the injury.
Notice given in person or by certified mail
(c)(1) The notice required under this section shall be given in person or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, by the claimant or the representative of the claimant.
(2) Except as otherwise provided, if the defendant local government is a county, the notice required under this section shall be given to the county commissioners or county council of the defendant local government.
(3) If the defendant local government is:
(i) Baltimore City, the notice shall be given to the City Solicitor;
(ii) Howard County or Montgomery County, the notice shall be given to the County Executive; and
(iii) Anne Arundel County, Baltimore County, Frederick County, Harford County, or Prince George's County, the notice shall be given to the county solicitor or county attorney.
(4) For any other local government, the notice shall be given to the corporate authorities of the defendant local government.
Failure to give notice
(d) Notwithstanding the other provisions of this section, unless the defendant can affirmatively show that its defense has been prejudiced by lack of required notice, upon motion and for good cause shown the court may entertain the suit even though the required notice was not given.
Notice within 1 year after injury
(e) This section does not apply if, within 1 year after the injury, the defendant local government has actual or constructive notice of:
(1) The claimant's injury; or
(2) The defect or circumstances giving rise to the claimant's injury.

Credits

Added as Courts and Judicial Proceedings § 5-404 by Acts 1987, c. 594, § 1, eff. July 1, 1987. Amended by Acts 1988, c. 6, § 1, eff. Feb. 18, 1988; Acts 1989, c. 74, § 1, eff. July 1, 1989; Acts 1990, c. 6, § 2, eff. Feb. 16, 1990. Renumbered as Courts and Judicial Proceedings § 5-304 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2006, c. 186, § 1, eff. July 1, 2006; Acts 2007, c. 123, § 1, eff. Oct. 1, 2007; Acts 2007, c. 315, § 1, eff. July 1, 2007; Acts 2009, c. 634, § 1, eff. Oct. 1, 2009; Acts 2009, c. 635, § 1, eff. Oct. 1, 2009; Acts 2014, c. 303, § 1, eff. July 1, 2014; Acts 2015, c. 131, § 1, eff. Oct. 1, 2015; Acts 2016, c. 101, § 1, eff. July 1, 2016; Acts 2016, c. 624, § 1, eff. Oct. 1, 2016; Acts 2017, c. 12, § 1, eff. Oct. 1, 2017; Acts 2017, c. 656, § 1, eff. Oct. 1, 2017.
MD Code, Courts and Judicial Proceedings, § 5-304, MD CTS & JUD PRO § 5-304
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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