# Title 40 — Municipal Government

## Chapter 40-42 — Claims for Injuries on Streets

### § 40-42-01. Claim against municipality for damages arising from defective streets,

sidewalks, or bridges must be filed.
Repealed by S.L. 1977, ch. 303, § 18.
### § 40-42-02. Filing of claim and rejection thereof conditions precedent to bringing action

against municipality.
Repealed by S.L. 1977, ch. 303, § 18.
### § 40-42-03. Time limitation on bringing of action.

Repealed by S.L. 1977, ch. 303, § 18.
### § 40-42-04. Proof on trial to conform to claim filed with municipality.

Upon the trial of an action for the recovery of damages by reason of an injury from the
defective, unsafe, dangerous, or obstructed condition of any street, crosswalk, sidewalk, culvert,
or bridge, the claimant shall not be permitted to prove any time, place, cause, manner, or extent
of the injury complained of differing from that specified in the claim filed with the municipality, nor
to recover damages in excess of the amount demanded in such claim.
### § 40-42-05. Nonliability of municipality for damages caused by snow and ice on

sidewalks - Exception - Actual knowledge required.
All municipalities in this state shall be exempt from all liability to any person for damages for
injuries suffered or sustained by reason of the accumulation of snow and ice upon the sidewalks
within the municipality unless actual knowledge of the defective, unsafe, or dangerous condition
of the sidewalk or crosswalk shall have been possessed by the executive officer, governing
body, police officer, or marshal of the municipality at least forty-eight hours previous to the
damage or injury. Actual knowledge shall not be presumed from the fact of the existence of the
condition, but it shall be proved as an independent fact. No municipality in this state shall be
liable in damages for any injury occasioned through the mere slippery condition of the sidewalk
or crosswalk due to the presence of frost or loose snow thereon.
