What is the statute of limitations for municipal tort liability and the related notice requirement?

What is the statute of limitations for municipal tort liability and the related notice requirement?

• A. One year from the date of accident with no notice
• B. Two years from the date of accident
• C. One year and ninety days from the date of accident; notice within 90 days
• D. Three years from the date of accident

Answer: (C)

The key idea is that claims against a municipality have a shortened time limit plus a mandatory notice step. In this rule, you must serve a Notice of Claim within 90 days of the injury and you must commence the action within one year and 90 days from the date of the accident. The two pieces work together: if the notice isn’t provided within 90 days, the claim is typically barred regardless of when you file, and even if you file within a year and 90 days, missing the notice window can bar the claim. The correct approach reflects both requirements and the specific time frames. For example, if the accident happens on January 1, you need to serve Notice of Claim by around March 31, and you must commence the lawsuit by around April 1 of the following year. That combination is why the option stating one year and ninety days from the date of accident with notice within 90 days is the best answer.

The key idea is that claims against a municipality have a shortened time limit plus a mandatory notice step. In this rule, you must serve a Notice of Claim within 90 days of the injury and you must commence the action within one year and 90 days from the date of the accident. The two pieces work together: if the notice isn’t provided within 90 days, the claim is typically barred regardless of when you file, and even if you file within a year and 90 days, missing the notice window can bar the claim. The correct approach reflects both requirements and the specific time frames.

For example, if the accident happens on January 1, you need to serve Notice of Claim by around March 31, and you must commence the lawsuit by around April 1 of the following year.

That combination is why the option stating one year and ninety days from the date of accident with notice within 90 days is the best answer.