Claimants and attorneys can breathe a sigh of relief.
On Monday, June 1, 2009, Governor Pat Quinn signed Senate Bill 84 (CTA Section 41 Notice Repeal) into law, which repealed in its entirety the Section 41 notice requirement.
CTA Section 41 required an injured party to provide notice of any injury and/or accident to the CTA within 6 months of the date of accident. This notice cost many potential litigants their cases, as it required specific detail with no room for error. Judges were compelled to throw out legitimate causes of action based often on innocent mistakes on the pre-suit notice.
The repeal solely applies to causes of action accrued on or after the June 1, 2009. Further, the one year statute of limitations still applies for filing a lawsuit against the CTA.
Click here for a complete copy of P.A. 96-0012.