When is the deadline for notice to a local government of a personal injury claim from failure to maintain sidewalks or places?
The catalogue records a 90 days period from Day of the occurrence of the event that gives rise to the action. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 90 days
- Trigger
- Day of the occurrence of the event that gives rise to the action
- Counting
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- Section 181(2) sets out four statutory escapes from the bar, none of them a judicial extension of the period itself: (a) the claimant has a reasonable excuse for the lack of notice and the local government is not prejudiced by it, (b) the claim relates to a death resulting from the event, (c) the claimant lacks the physical or mental capacity to give the notice, or (d) the local government waives the notice requirement. Never compute an extension.
- THE SANCTION IS THE BAR ITSELF: 'Failure to notify the local government within the time required by subsection (1) bars the action' unless one of the s 181(2) exceptions applies. Section 181(3): where the claimant lacks capacity under s 181(2)(c), the 90-day period begins when the claimant becomes capable of giving the notice. Notice goes to the CLERK of the local government, in writing.