2021 Georgia Code
Title 36 - Local Government
Chapter 33 - Liability of Municipal Corporations for Acts or Omissions
§ 36-33-5. Written Demand Prerequisite to Action for Injury to Person or Property; Time for Presenting Claim and for Consideration by Governing Authority; Suspension of Limitations; Statement of Specific Amount of Monetary Damages Sought; Service of Claim on City Officials

1. 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 this Code section.
2. 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.
3. 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.
4. 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.
5. The description of the extent of the injury required in subsection (b) of this Code section shall include the specific amount of monetary damages being sought from the municipal corporation. The amount of monetary damages set forth in such claim shall constitute an offer of compromise. In the event such claim is not settled by the municipal corporation and the claimant litigates such claim, the amount of monetary damage set forth in such claim shall not be binding on the claimant.
6. A claim submitted under this Code section shall be served upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or statutory overnight delivery.

(Ga. L. 1899, p. 74, § 1; Civil Code 1910, § 910; Code 1933, § 69-308; Ga. L. 1953, Ex. Sess., p. 338, § 1; Ga. L. 1956, p. 183, § 1; Ga. L. 2014, p. 125, § 1/HB 135.)

- For article, "Georgia Municipal Tort Liability: Ante Litem Notice," see 4 Ga. L. Rev. 134 (1969). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article surveying developments in Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981). For annual survey of local government law, see 35 Mercer L. Rev. 233 (1983). For annual survey of torts law, see 35 Mercer L. Rev. 291 (1983). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B. J. 24 (1985). For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986). For annual survey article discussing local government law, see 51 Mercer L. Rev. 397 (1999). For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000). For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For survey article on local government law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 353 (2003). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005). For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007). For survey article on local government law, see 60 Mercer L. Rev. 263 (2008). For annual survey on local government law, see 66 Mercer L. Rev. 135 (2014). For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015). For annual survey on trial practice and procedure, see 67 Mercer L. Rev. 257 (2015). For annual survey on local government law, see 68 Mercer L. Rev. 199 (2016). For annual survey on labor and employment law, see 69 Mercer L. Rev. 141 (2017). For annual survey on local government law, see 69 Mercer L. Rev. 205 (2017). For note, "Taking a Toll on the Equities: Governing the Effect of the PLRA'S Exhaustion Requirements on State Statutes of Limitations," 47 Ga. L. Rev. 1321 (2013).

ANALYSIS

• General Consideration
• Sufficiency of Notice
• Formalities of Notice
• Waiver and Estoppel
• Time of Notice and Action
• Procedure

RESEARCH REFERENCES

Am. Jur. 2d.

- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 598 et seq.

- 64A C.J.S., Municipal Corporations, §§ 2567, 2568.

- Applicability of statute or ordinance requiring notice of claim for damages from injuries in street as affected by the conditions which caused the injury, 10 A.L.R. 249.

Necessity of presenting claim against municipality for damaging property, 52 A.L.R. 639.

Right of person not named as claimant in notice of claim to municipality to sustain action thereon, 63 A.L.R. 1080.

Power of municipality to consent to judgment against itself, 67 A.L.R. 1503.

Places within operation of statute or ordinance requiring notice of claim as a condition of municipal liability for injuries, 72 A.L.R. 840.

Waiver of failure to give notice of claim or injury as condition of municipal liability for injury from defect in street or other public place, 82 A.L.R. 749; 159 A.L.R. 329; 65 A.L.R.2d 1278.

What amounts to claim for personal injury within statute or ordinance requiring notice as condition of municipal liability, 97 A.L.R. 118.

Requirement of notice of injury or claim as condition of action against municipality as applicable to injury or death of municipal officer or employee, 98 A.L.R. 522.

Statute of limitations as applicable to actions by or against school districts, 98 A.L.R. 1221.

Construction, application, and effect of statutory provisions avoiding effect of inaccuracy or omission in notice of injury required as condition of municipal liability, 103 A.L.R. 298.

Power of city, town, or county or its officials to compromise claim, 105 A.L.R. 170; 15 A.L.R.2d 1359.

Continuing character of municipality's negligence and injury or damage therefrom as affecting requirement of notice to municipality, 116 A.L.R. 975.

When statute of limitations commences to run as to action against municipality for damages to riparian premises by pollution of stream by discharge of sewage, 122 A.L.R. 1509.

Necessity and sufficiency of statement as to amount of damages or compensation claimed, in notice or claim required as condition of municipal liability for injury to person or property, 136 A.L.R. 1368.

Waiver of, or estoppel to assert, defects in notice of claim against county or municipality, 148 A.L.R. 637.

Necessity and sufficiency of statement in notice of tort claim against county or municipality regarding identity of officers or employees chargeable with fault, 150 A.L.R. 1054.

Waiver of, or estoppel to assert, failure to give notice of claim of injury as condition of liability of municipality, county, or other governmental agency for injury from defect in street, road, or other public place, 153 A.L.R. 329; 65 A.L.R.2d 1278.

Use of abbreviations of name of municipal body or private corporation in designating party to judicial proceedings, 167 A.L.R. 1217.

Statute respecting presentation of liability claim against municipality as affecting its powers in that field, 170 A.L.R. 237.

Power of city, town, or county or its officials to compromise claim, 15 A.L.R.2d 1359.

Persons upon whom notice of injury or claim against municipal corporation may or must be served, 23 A.L.R.2d 969.

Infancy or incapacity as affecting notice required as condition of holding municipality or other political subdivision liable for personal injury, 34 A.L.R.2d 725.

Claimant's deposition or statement taken by municipality or other political subdivision as statutory notice of claim for injury or as waiver thereof, 41 A.L.R.2d 883.

Effect of death as a result of injury on requirement of notice of claim against a city or other subordinate governmental unit, 51 A.L.R.2d 1128.

Variance between notice of claim against municipality and proof as regards cause, manner, or locality of the accident, 52 A.L.R.2d 966.

Sufficiency of notice of claim against municipality with respect to nature of defect and cause of accident, 62 A.L.R.2d 397.

Sufficiency of notice of claim against municipality as regards description of personal injury or property damage, 63 A.L.R.2d 863.

Sufficiency of notice of claim against municipality as regards identity, name, and residence of claimant, 63 A.L.R.2d 911.

Waiver of, or estoppel to assert, failure to give required notice of claim of injury to municipality, county, or other governmental agency or body, 65 A.L.R.2d 1278.

Waiver of, or estoppel to rely upon, contractual limitation of time for bringing action against municipality or other political subdivision, 81 A.L.R.2d 1039.

Necessity and sufficiency of plaintiff's pleading of having given requisite notice or presented claim to municipality or other public body, 83 A.L.R.2d 1178.

Claim for contribution or indemnification from another tort-feasor as within provisions of statute or ordinance requiring notice of claim against municipality, 93 A.L.R.2d 1385.

Power of municipal corporation to submit to arbitration, 20 A.L.R.3d 569.

Amount of damages stated in notice of claim against municipality or county as limiting amount of recovery, 24 A.L.R.3d 965.

Incapacity caused by accident in suit as affecting notice of claim required as condition of holding local governmental unit liable for personal injury, 44 A.L.R.3d 1108.

Modern status of the law as to validity of statutes or ordinances requiring notice of tort claim against local governmental entity, 59 A.L.R.3d 93.

Plaintiff's right to bring tort action against municipality prior to expiration of statutory waiting period, 73 A.L.R.3d 1019.

Actual notice or knowledge by governmental body or officer of injury or incident resulting in injury as constituting required claim or notice of claim for injury - modern status, 7 A.L.R.4th 1063.

Local government tort liability: minority as affecting notice of claim requirement, 58 A.L.R.4th 402.

Insufficiency of notice of claim against municipality as regards statement of place where accident occurred, 69 A.L.R.4th 484.

Complaint as satisfying requirement of notice of claim upon states, municipalities, and other political subdivisions, 45 A.L.R.5th 109.

Persons or entities upon whom notice of injury or claim against state or state agencies may or must be served, 45 A.L.R.5th 173.

Sufficiency of notice of claim against local political entity as regards time when accident occurred, 57 A.L.R.5th 689.

Waiver of, or estoppel to assert, failure to give or defects in notice of claim against state or local political subdivision - modern status, 64 A.L.R.5th 519.