Section 65-A. Liability of towns and town superintendents of highways in certain actions  


Latest version.
  • 1. No civil action shall be maintained against any town
      or town superintendent of highways for damages or injuries to person  or
      property  sustained  by  reason  of any highway, bridge or culvert being
      defective, out of repair, unsafe, dangerous or obstructed unless written
      notice of such defective, unsafe, dangerous or obstructed  condition  of
      such  highway, bridge or culvert was actually given to the town clerk or
      town superintendent of highways, and that there was a failure or neglect
      within a reasonable time after the giving of such notice  to  repair  or
      remove  the  defect,  danger  or  obstruction  complained of, or, in the
      absence of such notice, unless  such  defective,  unsafe,  dangerous  or
      obstructed  condition  existed for so long a period that the same should
      have been discovered and remedied in the exercise of reasonable care and
      diligence; but no  such  action  shall  be  maintained  for  damages  or
      injuries  to  person  or property sustained solely in consequence of the
      existence of snow or ice upon any highway,  bridge  or  culvert,  unless
      written  notice  thereof,  specifying the particular place, was actually
      given to the town clerk or town superintendent of highways and there was
      a failure or neglect to cause such snow or ice to be removed, or to make
      the place otherwise reasonably safe within a reasonable time  after  the
      receipt of such notice.
        2.  No  civil  action  shall  be  maintained  against any town or town
      superintendent of highways for damages or injuries to person or property
      sustained by reason of any defect in its sidewalks or in consequence  of
      the  existence  of  snow  or  ice upon any of its sidewalks, unless such
      sidewalks have been constructed or are maintained by  the  town  or  the
      superintendent  of  highways  of the town pursuant to statute, nor shall
      any action be maintained for damages or injuries to person  or  property
      sustained  by  reason of such defect or in consequence of such existence
      of snow or ice unless written notice thereof, specifying the  particular
      place,   was   actually   given  to  the  town  clerk  or  to  the  town
      superintendent of highways, and there was a failure or neglect to  cause
      such  defect  to be remedied, such snow or ice to be removed, or to make
      the place otherwise reasonably safe within a reasonable time  after  the
      receipt of such notice.
        3.  The  town  superintendent of highways shall transmit in writing to
      the town clerk within ten days after the  receipt  thereof  all  written
      notices received by him pursuant to this section.
        4.  The  town  clerk  of  each town shall keep an indexed record, in a
      separate book, of all written notices which  he  shall  receive  of  the
      existence  of  a defective, unsafe, dangerous or obstructed condition in
      or upon, or of an accumulation of ice or snow  upon  any  town  highway,
      bridge,  culvert  or  sidewalk,  which  record  shall  state the date of
      receipt of the notice, the nature and location of the  condition  stated
      to exist, and the name and address of the person from whom the notice is
      received.  All  such  written  notices shall be indexed according to the
      location of the  alleged  defective,  unsafe,  dangerous  or  obstructed
      condition,  or  the  location  of accumulated snow or ice. The record of
      each notice shall be preserved for a period of five years after the date
      it is received.