Missouri Notice of Claim Against a City
Street, sidewalk or bridge defect in certain Missouri cities: written notice to the mayor, 90 days.
Find out where you stand in Missouri
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Introduction
In Missouri third-class, fourth-class and 100,000+ cities, an injury from a defect in a street, sidewalk, bridge, boulevard or thoroughfare needs written notice to the mayor within 90 days of the occurrence (RSMo 77.600, 79.480, 82.210).
Key Things to Know
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The deadline is strict. Where the city notice statutes apply, notice must first be given in writing to the mayor within 90 days of the occurrence for which damage is claimed. Reading the statute or contacting the city clerk confirms the current rule.
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The 90-day notice covers injuries from a defect or unsafe condition of a bridge, boulevard, street, sidewalk or thoroughfare. It appears in RSMo 77.600 for third-class cities, 79.480 for fourth-class cities and 82.210 for cities of 100,000 or more.
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The notice goes to the mayor of the city, in writing. Ask the city clerk how the mayor's office accepts claims, and use a delivery method that proves the date it was received, such as certified mail with a return receipt or hand delivery with a date-stamped copy.
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The notice states the place where and the time when the injury was received, the character and circumstances of the injury, and that the injured person will claim damages from the city.
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For a claim against the State of Missouri, a state agency, a county, a school district, another political subdivision, or a charter city under 100,000, contact that entity's clerk, legal or risk management office early to ask about its claim process and the deadline to sue.
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Damages on a claim against a public entity within RSMo 537.600 to 537.650 are limited by RSMo 537.610. The statutory base is $300,000 per person and $2,000,000 per occurrence, adjusted every year, and the Department of Commerce and Insurance publishes the current limits.
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No award for damages on a claim against a public entity under RSMo 537.600 to 537.650 may include punitive or exemplary damages (RSMo 537.610.3).
Key decisions before you file
Before you file a Notice of Claim in Missouri, a few decisions shape the document: which option to choose and what each one means. The Notice of Claim guide walks through them.
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Missouri Requirements for Notice of Claim
Ninety-Day Notice to the Mayor
RSMo 77.600, 79.480, 82.210: written notice to the mayor within 90 days of the occurrence for which damage is claimed.
Covered Defects
The city notice applies to injuries from a defect or unsafe condition of a bridge, boulevard, street, sidewalk or thoroughfare.
Covered City Classes
Third-class cities (RSMo 77.600), fourth-class cities (79.480) and cities of 100,000 or more (82.210).
Damages Limits
RSMo 537.610: base of $300,000 per person and $2,000,000 per occurrence, adjusted every year and published by the Department of Commerce and Insurance.
No Punitive Damages
RSMo 537.610.3: no award on a claim against a public entity under 537.600 to 537.650 may include punitive or exemplary damages.
Required Contents
State the place where and time when the injury was received, the character and circumstances of the injury, and that the injured person will claim damages from the city.
Proof of Delivery
Close the notice with a delivery line naming the mayor's office, the date, the method and any tracking or receipt number.