§ 18.02. City liability.

Any person having a claim against the city by reason of negligence for damages to person or property shall give the city written notice of the claim within 120 days. This notice shall be served on the city clerk and shall contain the time and place of such injury, the manner in which it occurred, the extent of such damages as far as the same has become known, the names and addresses of the witnesses known at the time by the claimant, and a statement that the person sustaining such damages intends to hold the city liable for such damages as may have been sustained.

Failure to give notice as outlined in this section may be reason to dismiss any claim for such injuries. The standards of review to dismiss the claim for failure to give required notice shall be the same as is outlined in state statute.

Upon receiving notice, the city shall respond promptly to each such claim under procedures established by the city council. The claimant may be notified that the city is not liable because of immunity or some other defense. In addition to the defenses outlined in the city's responses to the notice of claim, the city may allege other defenses if the claim is pursued in a forum such as a court of law.

If the city recognizes the possibility of liability, the response shall specify the appropriate procedure for the resolution of the issue of liability and adjustment of the amount of damages by mediation, arbitration or any other means chosen to protect the public interest. A claimant's failure to follow the reasonable procedures designed to allow the city to fairly investigate the circumstances of the claim, determine liability, and fix damages must be brought to the attention of any body or official with discretionary authority over the award of costs.

The provisions of this Charter are not intended to waive any immunity from tort liability provided by statute or common law.

Editor's note

To the extent of any conflict, MCL 691.1401 et seq. supersedes this section.