Article - Courts and Judicial Proceedings
(a) This section
does not apply to an action against a nonprofit corporation described
in § 5–301(d)(23), (24), (25), (26), (28), or (29) of this
subtitle or its employees.
(b) (1) 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 1 year after the injury.
(2) The notice
shall be in writing and shall state the time, place, and cause of
(c) (1) The
notice required under this section 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.
(2) Except as otherwise
provided, if the defendant local government is a county, the notice
required under this section shall be given to the county commissioners
or county council of the defendant local government.
(3) If the defendant
local government is:
(i) Baltimore City,
the notice shall be given to the City Solicitor;
(ii) Howard County
or Montgomery County, the notice shall be given to the County Executive;
(iii) Anne Arundel
County, Baltimore County, Frederick County, Harford County, or Prince
George’s County, the notice shall be given to the county solicitor
or county attorney.
(4) For any other
local government, the notice shall be given to the corporate authorities
of the defendant local government.
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.
(e) This section
does not apply if, within 1 year after the injury, the defendant local
government has actual or constructive notice of:
(1) The claimant’s
(2) The defect
or circumstances giving rise to the claimant’s injury.