What Is the 90-Day Municipal Notice Requirement in Connecticut?
Under Connecticut General Statutes § 13a-149, a person injured by a defective road or bridge must give written notice to the appropriate municipal official within 90 days to pursue a claim against a city, town, or borough responsible for its repair.
The rule can also cover a sidewalk that is part of a public highway. Providing formal notice is a legal prerequisite to a lawsuit. Simply reporting a pothole or calling a town department does not necessarily satisfy that requirement.
The notice gives the municipality a chance to investigate the location and circumstances while evidence is still available. Its timing, contents, and recipient all matter.
How Does the 90-Day Notice Differ From the Two-Year Lawsuit Deadline?
The notice tells the municipality about your claim. The lawsuit is the formal case filed in court. Section 13a-149 requires that notice be provided within 90 days and also states that a lawsuit must be filed within two years of the injury.
For example, if you trip on a defective town sidewalk on June 1, you cannot wait until the following year to alert the town just because the lawsuit deadline has not passed. Giving timely notice also does not start the lawsuit for you. Both steps must be completed. Our guide to Connecticut personal injury filing deadlines discusses time limits more broadly.
When Does the 90-Day Deadline Apply?
The municipal defective-highway notice rule can apply when a city, town, or borough has a duty to keep a public way in repair and a defect causes an injury. Some examples include:
- A driver who gets hurt in a crash involving a pothole
- A pedestrian who slips and falls on a broken public sidewalk
- A bicyclist who has an accident that was caused by a hazardous road surface
- A chunk of concrete from a dangerous bridge condition falls and hits someone, causing a traumatic brain injury
It’s not always easy to know which government entity is responsible. A road within town limits may be maintained by the state. A sidewalk beside a road may raise separate liability questions. Defective signs or traffic signals can also present different legal issues. An attorney can investigate maintenance records and determine whether the claim belongs under the municipal statute, the state highway statute, or another law.
Filing and Submitting Your Connecticut Municipal Notice of Claim
Under the municipal notice rules, notice must be formally served on the appropriate municipal officer responsible for maintenance and repairs at the site of the accident. For example:
- Towns: For a town road, § 13a-149 directs notice to a selectman or the town clerk.
- Cities and boroughs: For a city or borough, it directs notice to the city or borough clerk.
- State: If the defective road or qualifying sidewalk is the responsibility of the state, §13a-144 requires written notice to the Commissioner of Transportation.
Notice sent to a public works office, police department, or insurer may not reach the official named by law.
Delivering the Notice
The injured person or their attorney can prepare the notice. Deliver it well before the deadline, use a method that documents delivery, and keep a copy and proof of receipt. Mailing it near the end of the 90 days can be risky because the arrival date matters.
Connecticut’s Department of Transportation claim instructions provide a separate delivery process for state highway defects.
What Must the 90-Day Written Notice Contain?
The statute requires a written description of the injury, its cause, and the time and place it occurred. A carefully prepared notice should identify the person making the claim and provide contact information, then state:
- The date and approximate time of the injury
- The precise location, including landmarks or an address when available
- The dangerous condition and how it caused the injury
- A general description of the injuries
- That the person is claiming damages from the responsible municipality
A vague location or account of what happened can make the notice vulnerable to challenge. An attorney can investigate the dangerous condition and prepare a notice that gives the proper official the information required by law.
What Happens if You Miss the 90-Day Deadline?
A court can dismiss a defective-highway claim against a municipality if the required notice was not given on time, regardless of how serious the injury is. The clock generally begins on the date of the injury. The municipality’s prior knowledge of the defect does not replace the injured person’s notice.
There is a narrow statutory protection for certain inaccuracies in a notice when there was no intent to mislead or the municipality was not actually misled. However, this should not be considered a general extension for late or missing notice.
There are no exceptions that pause this notice requirement. For example, if a minor gets hurt, they still have to provide the appropriate notice. An experienced attorney can assess the facts of your situation and help you understand your legal options.
Our Team at Kennedy Johnson Can Help You With the 90-Day Notice Requirement
After an injury, medical appointments and recovery can take priority. Many people have never heard of the notice requirement until the deadline is approaching. Our team at Kennedy Johnson can review the location and cause of the accident early, identify the government body responsible for the public way, and prepare and deliver the applicable written notice.
Our attorneys have handled complex injury claims across Connecticut since the firm was founded in 1988. Their work includes investigating liability, preserving evidence, and preparing cases for trial. Our firm takes a unique approach to our work and has a reputation for our successful case results. We have represented injured people in Connecticut for more than 35 years, and our clients speak highly of our work and compassionate guidance.
Contact Kennedy Johnson About a Defective Road or Sidewalk Injury
A fall or crash can leave you dealing with treatment and missed work, and it can be difficult to determine who is responsible. Our team can investigate to determine liability, handle the notice process, and explain the next steps for your claim.
We offer free consultations and handle personal injury cases on a contingency fee basis. Call 203-865-8430 or contact us online to schedule your free appointment. We want to listen to your story and help you understand your legal options.
Connecticut’s 90-Day Municipal Notice Deadline FAQs
Our answers to these common questions can help you better understand how future economic damages may apply after a TBI.
How Do I Find Out if a Road Is Maintained by the State or the Municipality?
Check the road’s designation. You can ask the town and the Connecticut Department of Transportation who is responsible for maintaining the exact location of the accident. An attorney can verify responsibility through maintenance and jurisdiction records, especially where a sidewalk or intersection is involved.
What if I Was Injured by a Town-Owned Vehicle Rather Than a Defective Road?
A town-owned vehicle collision is not the same as a defective-highway claim. Different municipal liability laws and notice requirements apply under § 7-465.
Can I File the Notice Myself, or Do I Need a Personal Injury Attorney?
You can give the notice yourself, but the law requires that it reach the correct official on time and sufficiently describe the injury and its circumstances. An attorney can check those details and preserve proof of delivery.
Does the 90-Day Deadline Apply if the Municipality Knew About the Defect Before My Injury?
Yes, it still applies. A municipality’s awareness of a pothole or broken sidewalk does not replace the written notice required for your injury claim under § 13a-149.
What if My Injury Was Caused Partly by the Town’s Negligence and Partly by Another Driver?
The involvement of another driver does not automatically eliminate the town notice requirement if you pursue a defective-road claim against the town. Responsibility and the available claims depend on how each party’s conduct contributed to the injury.
What Qualifies as a Highway Defect Under Connecticut Law?
A highway defect is a dangerous condition on a public road or qualifying sidewalk that interferes with safe travel, such as a pothole or broken pavement. Whether a particular condition qualifies depends on its location, the responsible party’s duty to repair, and how the injury occurred.