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Ch. 315
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Martin O'Malley, Governor
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(b) Except as provided in subsections (a) and (d) of this section, an action for
unliquidated damages may not be brought against a local government or its employees
unless the notice of the claim required by this section is given within 180 days after
the injury.
(c) (1) Except in Anne Arundel County, Baltimore County, Harford
County, and Prince George's County, the notice shall be given in person or by certified
mail, return receipt requested, bearing a postmark from the United States Postal
Service, by the claimant or the representative of the claimant, to the county
commissioner, county council, or corporate authorities of a defendant local
government, or:
(i) In Baltimore City, to the City Solicitor;
(ii) In Howard County, to the County Executive; and
(iii) In Montgomery County, to the County Executive.
(2) In Anne Arundel County, Baltimore County, Harford County, and
Prince George's County, the notice shall be given in person or by certified mail, return
receipt requested, bearing a postmark from the United States Postal Service, by the
claimant or the representative of the claimant, to the county solicitor or county
attorney.
(3) The notice shall be in writing and shall state the time, place, and
cause of the injury.
(d) Notwithstanding the other provisions of this section, unless the
defendant can affirmatively show that its defense has been prejudiced by lack of
required notice, upon motion and for good cause shown the court may entertain the
suit even though the required notice was not given.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2007.
Approved by the Governor, May 8, 2007.
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- 2013 -
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