§ 15.2-209. Notice to be given to counties, cities, and towns of tort claimsfor damages.
A. Every claim cognizable against any county, city, or town for negligenceshall be forever barred unless the claimant or his agent, attorney, orrepresentative has filed a written statement of the nature of the claim,which includes the time and place at which the injury is alleged to haveoccurred, within six months after such cause of action accrued. However, ifthe claimant was under a disability at the time the cause of action accrued,the tolling provisions of § 8.01-229 shall apply.
B. The statement shall be filed with the county, city, or town attorney orwith the chief executive or mayor of the county, city, or town.
C. The notice is deemed filed when it is received in the office of theofficial to whom the notice is directed. The notice may be delivered by hand,by any form of United States mail service (including regular, certified,registered or overnight mail), or by commercial delivery service.
D. In any action contesting the filing of the notice of claim, the burden ofproof shall be on the claimant to establish receipt of the notice inconformity with this section. A signed United States mail return receiptindicating the date of delivery, or any other form of signed and datedacknowledgment of delivery, given by authorized personnel in the office ofthe official with whom the statement is filed, shall be prima facie evidenceof filing of the notice under this section.
E. This section does not, and shall not be construed to, abrogate, limit,expand or modify the sovereign immunity of any county, city, town, or anyofficer, agent or employee of the foregoing.
F. 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 §15.2-209 of the Code" or substantially similar language.
G. The provisions of this section are mandatory and shall be strictlyconstrued. This section is procedural and compliance with its provisions isnot jurisdictional.
§ 15.2-209. Notice to be given to counties, cities, and towns of tort claimsfor damages.
A. Every claim cognizable against any county, city, or town for negligenceshall be forever barred unless the claimant or his agent, attorney, orrepresentative has filed a written statement of the nature of the claim,which includes the time and place at which the injury is alleged to haveoccurred, within six months after such cause of action accrued. However, ifthe claimant was under a disability at the time the cause of action accrued,the tolling provisions of § 8.01-229 shall apply.
B. The statement shall be filed with the county, city, or town attorney orwith the chief executive or mayor of the county, city, or town.
C. The notice is deemed filed when it is received in the office of theofficial to whom the notice is directed. The notice may be delivered by hand,by any form of United States mail service (including regular, certified,registered or overnight mail), or by commercial delivery service.
D. In any action contesting the filing of the notice of claim, the burden ofproof shall be on the claimant to establish receipt of the notice inconformity with this section. A signed United States mail return receiptindicating the date of delivery, or any other form of signed and datedacknowledgment of delivery, given by authorized personnel in the office ofthe official with whom the statement is filed, shall be prima facie evidenceof filing of the notice under this section.
E. This section does not, and shall not be construed to, abrogate, limit,expand or modify the sovereign immunity of any county, city, town, or anyofficer, agent or employee of the foregoing.
F. 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 §15.2-209 of the Code" or substantially similar language.
G. The provisions of this section are mandatory and shall be strictlyconstrued. This section is procedural and compliance with its provisions isnot jurisdictional.
§ 15.2-209. Notice to be given to counties, cities, and towns of tort claimsfor damages.
A. Every claim cognizable against any county, city, or town for negligenceshall be forever barred unless the claimant or his agent, attorney, orrepresentative has filed a written statement of the nature of the claim,which includes the time and place at which the injury is alleged to haveoccurred, within six months after such cause of action accrued. However, ifthe claimant was under a disability at the time the cause of action accrued,the tolling provisions of § 8.01-229 shall apply.
B. The statement shall be filed with the county, city, or town attorney orwith the chief executive or mayor of the county, city, or town.
C. The notice is deemed filed when it is received in the office of theofficial to whom the notice is directed. The notice may be delivered by hand,by any form of United States mail service (including regular, certified,registered or overnight mail), or by commercial delivery service.
D. In any action contesting the filing of the notice of claim, the burden ofproof shall be on the claimant to establish receipt of the notice inconformity with this section. A signed United States mail return receiptindicating the date of delivery, or any other form of signed and datedacknowledgment of delivery, given by authorized personnel in the office ofthe official with whom the statement is filed, shall be prima facie evidenceof filing of the notice under this section.
E. This section does not, and shall not be construed to, abrogate, limit,expand or modify the sovereign immunity of any county, city, town, or anyofficer, agent or employee of the foregoing.
F. 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 §15.2-209 of the Code" or substantially similar language.
G. The provisions of this section are mandatory and shall be strictlyconstrued. This section is procedural and compliance with its provisions isnot jurisdictional.
