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 Duncanville
 Code of Ordinances
 CHARTER
 Article X. MISCELLANEOUS PROVISIONS

  § 10.05. Notice of damage or injury required.  

Latest version.

  • The City of Duncanville shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, shall file a notice in writing with the City Manager or City Secretary within six (6) months after the same has been received, stating specifically in such notice when, where, and how the exact injury occurred and the full extent thereof, together with the amount of damage claimed or asserted. The City of Duncanville shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the City Manager or the City Secretary within six (6) months after said damage or injury occurred, stating specifically when, where and how the injury or damage occurred and the full extent thereof, and the amount of damage sustained.

    The City of Duncanville shall never be liable for any claim for damage or injury to real property caused by this negligent act of omission of its officers, servants, agents or employees unless the person whose real property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the City Manager or City Secretary within six (6) months after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred, and the amount of damage claimed. The City of Duncanville shall never be liable on account of any damage or injury to person or to personal property arising from or occasioned by any defect in any public street, highway, alley, grounds or public work of the City of Duncanville unless the specific defect causing the damage or injury shall have been actually known to the City Manager at least twenty-four (24) hours prior to the occurrence of the injury or damage, or unless the attention of the City Manager shall have been called thereto by a notice thereof in writing at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence has not been exercised to rectify the defect. The notice herein required to be given to the City Manager or the City Secretary of the specific defect causing the damage or injury shall apply where the defect arose from any omission of the City itself, through its agents, servants or employees, or acts of third parties.

    No provision of this section shall ever be so construed as to expand ordinary liability of the City.

    (Ord. No. 1491, adopted 1-21-97, approved at election 5-3-97)

    Nothing contained within this Section or the provisions of this Charter or the ordinances of the City shall be deemed to constitute a waiver of sovereign, legislative, official or other immunity and unless otherwise provided by law, such waivers shall only be by resolution or ordinance duly adopted by the City Council.

(Ord. No. 1918, § 7, adopted 2-15-05, approved at election 5-7-05)