Title 32, Chapter 4, Section 93
( 32-4-93)
(a) A municipality is relieved of any and all liability resulting
from or occasioned by defects in the public roads of its municipal
street system when it has not been negligent in constructing or
maintaining the same or when it has no actual notice thereof or when
such defect has not existed for a sufficient length of time for
notice thereof to be inferred. (b) A municipality is relieved of any and all liability resulting
from or occasioned by defective construction of those portions of
the state highway system or county road system lying within its
corporate limits or resulting from the failure of the department or
the county to maintain such roads as required by law unless the
municipality constructed or agreed to perform the necessary
maintenance of such road. |