2006 Code of Virginia § 8.01-222 - Notice to be given cities and towns of claims for damages for negligence
8.01-222. Notice to be given cities and towns of claims for damages fornegligence.
No action shall be maintained against any city or town for injury to anyperson or property or for wrongful death alleged to have been sustained byreason of the negligence of the city or town, or of any officer, agent oremployee thereof, unless a written statement by the claimant, his agent,attorney or representative of the nature of the claim and of the time andplace at which the injury is alleged to have occurred or been received shallhave been filed with the city attorney or town attorney, or with the mayor,or chief executive, within six months after such cause of action shall haveaccrued, except if the complainant during such six-month period is able toestablish by clear and convincing evidence that due to the injury sustainedfor which a claim is asserted that he was physically or mentally unable togive such notice within the six-month period, then the time for giving noticeshall be tolled until the claimant sufficiently recovers from said injury soas to be able to give such notice; and statements pursuant to this sectionshall be valid, notwithstanding any contrary charter provision of any city ortown.
This section, on and after June 30, 1954, shall take precedence over theprovisions of all charters and amendments thereto of municipal corporationsin conflict herewith granted prior to such date. It is further declared thatas to any such charter or amendment thereto, granted on and after such date,that any provision therein in conflict with this section shall be deemed tobe invalid as being in conflict with Article IV, Section 12 of theConstitution of Virginia unless such conflict be stated in the title to suchproposed charter or amendment thereto by the words "conflicting with 8.01-222 of the Code" or substantially similar language.
(Code 1950, 8-653; 1954, c. 427; 1962, c. 483; 1971, Ex. Sess., c. 1; 1973,c. 6; 1977, c. 617.)
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