2022 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.

History. 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.

Law reviews.

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).