Any person injured in person or property within boundaries of property owned or controlled by an authority, for which injury such authority is or may be liable, may bring an action within two years after the cause of action therefor arose to recover damages from such authority, provided written notice of the intention to commence such action and of the time when and the place where the damages were incurred or sustained has been filed with the chairman or the secretary of the authority within six months after the cause of action therefor arose.
(1955, S. 478d; 1959, P.A. 403; P.A. 83-483, S. 1.)
History: 1959 act removed notice requirement; P.A. 83-483 inserted two-year limitation on bringing of action and six-month notice provision.
Annotations to former statute:
Provision in lease absolving authority from liability owing to lack of repairs held ineffective as defense. 16 CS 106. Notice requirement is a condition subsequent and lack of notice is a matter of defense; covers both negligence and nuisance actions. 21 CS 65. Demurrer sustained to a complaint which recited notice given to authority for notice did not contain any description whatsoever of the injury. Id., 132.
Annotations to present section:
Cited. 213 C. 354.
Cited. 38 CA 175. Employee of housing authority or its insurance carrier cannot waive the requisite notification to the housing authority. 63 CA 617. Letter sent to housing authority addressed “To Whom It May Concern” does not satisfy notice requirement and is not properly filed for purposes of section absent any evidence to demonstrate chairman or secretary received the letter. 148 CA 591.
Cited. 45 CS 136.