Suing a Municipality in Georgia: Ante Litem Notice Requirements

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Before a lawsuit against a Georgia city can begin, the claim must be presented in writing to the city’s governing authority within six months of the event, with a specific dollar amount. The statute says that “[n]o action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment” (OCGA 36-33-5(b)). Counties and the State follow different periods, and a city’s immunity from damages has its own rules.

Which Notice Period Applies

Defendant Notice or presentment period
A city Within six months of the event on which the claim is based (OCGA 36-33-5(b))
A county Within 12 months after the claim accrues or becomes payable, or, for a minor or another person under a disability, within 12 months after the disability is removed (OCGA 36-11-1)
The State Within 12 months of the date the loss was or should have been discovered (OCGA 50-21-26(a)(1))

The Six-Month Notice

No person “having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in this Code section” (OCGA 36-33-5(a)). The statute then sets out what the notice must do:

  • Timing. Presentation “[w]ithin six months of the happening of the event upon which a claim against a municipal corporation is predicated” (subsection (b)).
  • Contents. The claim states “the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury” (subsection (b)).
  • Amount. The description of the injury “shall include the specific amount of monetary damages being sought from the municipal corporation.” That amount “shall constitute an offer of compromise,” and if the claim is litigated, it “shall not be binding on the claimant” (subsection (e)).
  • Service. The claim is served “upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or statutory overnight delivery” (subsection (f)).

The governing authority “shall consider and act upon the claim within 30 days from the presentation,” and its action, “unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts” (subsection (c)). “The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part” (subsection (d)).

For example, imagine an event on September 15, 2027. Six months later is March 15, 2028, the last day to present the written claim with a specific amount. While the demand then sits before the governing authority without action, the limitation period is suspended under subsection (d).

How Courts Read the Statute

The notice requirement is read strictly, and in the city’s disfavor. In City of Atlanta v. Metropolitan Atlanta Rapid Transit Authority, 204 Ga. App. 387 (1992), MARTA settled a death claim arising from a collision and sought contribution from the City, and the City argued that MARTA had not given ante litem notice within six months. The Court of Appeals rejected the argument: OCGA 36-33-5 “is in derogation of the common law and must be strictly construed against the municipality,” and “[n]othing in this statute requires ante litem notice for claims by joint tortfeasors against municipalities for contribution.” Requiring it, the court added, would force defendants to anticipate within six months contribution claims “which may not accrue for several years.”

Municipal Immunity

Georgia’s public policy is “that there is no waiver of the sovereign immunity of municipal corporations of the state and such municipal corporations shall be immune from liability for damages,” except as provided in that Code section and in Chapter 92 of Title 36. A city “shall not waive its immunity by the purchase of liability insurance, except as provided in Code Section 33-24-51 or 36-92-2, or unless the policy of insurance issued covers an occurrence for which the defense of sovereign immunity is available, and then only to the extent of the limits of such insurance policy” (OCGA 36-33-1(a)).

The line between protected and unprotected acts follows the kind of power involved: “Municipal corporations shall not be liable for failure to perform or for errors in performing their legislative or judicial powers. For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable” (OCGA 36-33-1(b)).

The Motor-Vehicle Waiver

Chapter 92 of Title 36 waives a local government’s sovereign immunity for the negligent use of a covered motor vehicle, one the entity owns, leases, or rents (OCGA 36-92-1(2)). For incidents on or after January 1, 2008, the waiver runs up to “$500,000.00 because of bodily injury or death of any one person in any one occurrence, an aggregate amount of $700,000.00 because of bodily injury or death of two or more persons in any one occurrence, and $50,000.00 because of injury to or destruction of property in any one occurrence” (OCGA 36-92-2(a)(3)). The waiver applies “only with respect to actions brought in the courts of this state,” and the entity has no liability for conduct of officers or employees outside the scope of their official duties or employment (OCGA 36-92-2(b), (c)).

Frequently Asked Questions

Can the city employee who was driving be sued personally?
Not for a tort involving a covered vehicle in the performance of official duties, unless it is proved that the conduct was outside those duties. The claimant “shall name as a party defendant the local government entity for which the officer or employee was acting and shall not name the local government officer or employee individually,” and a named employee is replaced by the entity (OCGA 36-92-3(a), (b)).

Can the $500,000 limit be higher?
Yes, to the extent the governing body adopts a higher waiver, the entity joins an interlocal risk management agency whose coverage exceeds the waiver, or it buys commercial liability insurance above the waiver (OCGA 36-92-2(d)).

Is interest before judgment added on top of the limit?
No. It may be recovered under OCGA 51-12-14, but “any recovery of interest prior to judgment shall be included within the applicable aggregate amount per occurrence” (OCGA 36-92-2(e)).

Does settling with the city end claims against the employee too?
Subject to OCGA 51-1-32 through 51-1-34, a settlement or judgment under the chapter “constitutes a complete bar to any further action by the claimant against a local government officer or employee or the local government entity by reason of the same occurrence” (OCGA 36-92-3(d)).

Can a city worker hurt in a city vehicle use the waiver?
The chapter “shall not waive the workers’ compensation exclusive remedy when local government officers or employees are injured on the job” (OCGA 36-92-3(e)).

  • OCGA 36-33-5(a) through (f); City of Atlanta v. Metropolitan Atlanta Rapid Transit Authority, 204 Ga. App. 387 (1992)
  • OCGA 36-11-1; OCGA 50-21-26(a)(1)
  • OCGA 36-33-1(a), (b)
  • OCGA 36-92-1(2); OCGA 36-92-2(a)(3), (b), (c), (d), (e); OCGA 36-92-3(a), (b), (d), (e); OCGA 51-12-14 (as referred to in OCGA 36-92-2(e))

Disclaimer

This article provides general information about claims against Georgia municipalities. It is not legal advice and does not create an attorney-client relationship. Whether a notice satisfies the statute, and whether a function is one for which a city can be liable, depend on the specific facts, and the notice period is fixed by statute. A person with a claim against a city should consult a licensed Georgia attorney promptly about the particular situation.

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