Any person who has a claim of any kind against a municipality for personal or property damages due to the fault or negligence of the municipality shall so notify the mayor, in writing, stating clearly and concisely the date, place, cause and general nature of the damages suffered. Said notification shall also specify the amount of monetary compensation or the kind of relief appropriate for the damages suffered, the names and addresses of his/her witnesses, the claimant’s address and, in cases of personal damages, the place where medical treatment was first received.
(a) Form and time period to serve notification.— Said notification shall be presented to the mayor either by certified mail or personally, or in any other authentic manner recognized in law.
Said written notification shall be presented to the mayor within ninety (90) days of date on which the claimant learned of the damages claimed. If the claimant is mentally or physically unable to make said notification within the term established above, he/she shall not be bound to comply with it, but must make said notification within thirty (30) days of the date on which the disability ends.
If the injured party is a minor or a ward, the person exercising patria potestas or the custody of the minor, or the guardian, as the case may be, shall be obliged to notify the mayor of the claim within ninety (90) days of the date on which he/she learned of the damages claimed. The above shall not be an obstacle to the minor or ward’s making said notification on their own initiative within the specified term, if the person exercising patria potestas, or custody or guardianship fails to do so.
(b) Jurisdictional requirement.— No legal action of any kind shall be initiated against a municipality for damages due to negligence unless written notification is made in the form, manner and terms provided in this subtitle.
(c) Exception.— This section shall not modify the prescriptive term in § 5298(2) of Title 31, in any way, for those claimants who comply with its provisions.
History —Aug. 30, 1991, No. 81, § 15.003.