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This entry was published on 2014-09-22
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SECTION 65-A
Liability of towns and town superintendents of highways in certain actions
Town (TWN) CHAPTER 62, ARTICLE 4
§ 65-a. Liability of towns and town superintendents of highways in
certain actions. 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.