Sec. 32-14. - Liability for damage from defective roads; recovery of amount of damage.

(a)

Pursuant to G.L. 1956, § 24-5-13, if any person shall incur damage to his motor vehicle by reason of a pothole on any city highway, causeway, street, lane or bridge, which damage would have not occurred without the existence of the pothole, he may recover from the city the amount of damages sustained up to and not more than the sum of $300.00; provided, however, that the municipality had reasonable notice of the pothole, or may have had notice thereof by the exercise of proper care and diligence on its part, and a reasonable opportunity to repair the pothole.

(b)

All claims shall be made within a period of seven days from the date on which the damage was sustained by filing a written report in a manner prescribed by the city. In no instance, however, shall any claim for damage so caused to a motor vehicle registered in a foreign state be considered unless that state has a similar statute affording similar protections to persons owning motor vehicles registered in this state.

(Code 1994, § 34-17; Ord. of 4-11-2005(6))