E. Municipal Tort Liability

Question 1

What is required for liability of Public Entities towards negligent failure of duty to protect?*

Answer 1

1) Governmental function
- Including police protection
- NOT proprietary function as Landowner (liable regardless)

2) Special relationship between Public Entity + Injured P, including;
2. 1) Public Entity assumes affirmative duty to act on Injured P’s behalf (through promises/actions);
2. 2) Public Entity’s agents know of potential harm by inaction;
2. 3) Direct contact between Public Entity’s agents + Injured P; and
2. 4) Injured P justifiably relies on Public Entity’s affirmative undertaking.

Question 2

What is the time limit for Notice of Claim against Public Entity/Fire District/School district?*

Answer 2

Negligence/Wrongful act

• Within 90 days after claim!!!
• May be amended up to 1 year 90 days after claim!!!

Wrongful death

• Within 90 days after appointment of Representative for Decedent’s estate
• May be amended up to 2 years after Decedent’s death

Question 3

What is required in Notice of Claim against Public Entity/Fire District/School district?*

Answer 3

1) Name + Address of;
- Claimant
- Claimant’s attorney

2) Nature of claim
3) Time + place of accident
4) Manner in which claim arose
5) Item of damages/injuries sustained by Claimant

Question 4

What factors may Court use to determine whether to amend time limit for Notice of Claim?*

Answer 4

Whether there was reasonable excuse for late Notice

• Infancy (NO tolling)
• Mental/Physical disability

Whether Municipality acquired knowledge of essential facts of claim within 90-day time period/reasonable time thereafter

Whether amendment would result in substantial prejudice to Municipality