Under Missouri law, before local governments can be held liable for
dangerous conditions they have to know about them. Knowledge can be
actual or constructive. This form is designed to give them actual
knowledge so someone who is injured does not have to prove constructive
knowledge. Let's hope this works to generate action and prevent injuries.
Whenever you send a complaint about a dangerous condition, send copies to
the City Attorney and the Risk Manager or the City Manager. Keep a copy
for your records and hope no one ever has to use it. Use this caption and
language:
NOTICE OF DANGEROUS CONDITION
Under RSMo 536.600, you are hereby placed on actual notice of a dangerous condition of public property. The following condition on your property creates a substantial risk of injury when your property is used with due care in a manner in which it is reasonably
foreseeable that it will be used:
[describe the condition and the precise location]
[give your name, address, date]