§46-72  Liability for damages; notice of injuries.  Before the county shall be liable for damages to any person for injuries to person or property received upon any of the streets, avenues, alleys, sidewalks, or other public places of the county, or on account of any negligence of any official or employee of the county, the person so injured, or the owner or person entitled to the possession, occupation, or use of the property so injured, or someone in the person's behalf, shall, within six months after the injuries are received, give the chairperson of the council of the county or the city clerk of Honolulu notice in writing of the injuries and the specific damages resulting, stating fully in the notice when, where, and how the injuries occurred, the extent thereof, and the amount claimed therefor. [L 1943, c 181, §1; RL 1945, §6013; RL 1955, §138-21; HRS §46-72; am L 1998, c 124, §1]

 

Law Journals and Reviews

 

  The Requirement for Notice of Claim Against the City and County of Honolulu:  Does it Apply to a Claim for Contribution Under the Uniform Contribution Among Tortfeasors Act?  3 HBJ, May 1965, at 4.

 

Case Notes

 

  Presentation of claim against county within six month limit was not condition precedent to maintaining third party action against county for contribution under Contribution Among Tortfeasors Act.  283 F. Supp. 854.

  This is a statute of limitations and is to be narrowly construed.  283 F. Supp. 854.

  Sufficiency of notice of claim discussed.  54 H. 210, 505 P.2d 1182.

  Notice of claim requirement is inconsistent with §662-4 and is invalid.  55 H. 216, 517 P.2d 51; 56 H. 135, 531 P.2d 648.

  Because the city is neither the sovereign nor the surrogate or alter ego of the sovereign, it is not entitled to sovereign immunity; thus, it is subject to the State's tort laws in the same manner as any private tortfeasor; as §657-13 governs classes of "personal" tort actions, such as "damage to persons or property", the infancy tolling provision of §657-13(1) applies directly to personal injury actions against the city; child was thus able to bring action, but as §657-13(1) did not provide for tolling of parents' derivative actions and they did not timely comply with this section, their individual claims were barred.  104 H. 341, 90 P.3d 233.

  Counties do not fall within the ambit of the State Tort Liability Act, chapter 662; this section is the statute of limitations applicable to actions against the counties.  104 H. 341, 90 P.3d 233.