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New Jersey Statutes - Title 59 Claims Against Public Entities

Legal Research Home > New Jersey Laws > Claims Against Public Entities > New Jersey Statutes - Title 59 Claims Against Public Entities

  • New Jersey Statutes 59:1-1 Short title
    This subtitle shall be known and may be cited as the "New Jersey Tort Claims Act." L.1972, c. 45, s. 59:1-1.
  • New Jersey Statutes 59:1-2 Legislative declaration
    The Legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign immunity. On the other...
  • New Jersey Statutes 59:1-3 Definitions.
    59:1-3. Definitions. As used in this subtitle:      "Employee" includes an officer, employee, or servant, whether or not compensated or part-time, who is authorized...
  • New Jersey Statutes 59:1-4 Effect upon liability based on contract or right to relief other than damages
    Nothing in this act shall affect liability based on contract or the right to obtain relief other than damages against the public entity or one...
  • New Jersey Statutes 59:1-5 Workmen's compensation laws not repealed
    Nothing in this act shall be construed to affect, alter or repeal any provision of the workmen's compensation laws of this State. L.1972, c. 45,...
  • New Jersey Statutes 59:1-6 Military and veterans laws not repealed
    Nothing in this act shall be construed to affect, alter or repeal any provision of the military and veterans law of this State, except as...
  • New Jersey Statutes 59:1-7 Effect of assumption of liability by United States
    Any waiver of immunity and assumption of liability contained in this act shall not apply in circumstances where liability has been or is hereafter assumed...
  • New Jersey Statutes 59:2-1 Immunity of public entity generally
    a. Except as otherwise provided by this act, a public entity is not liable for an injury, whether such injury arises out of an act...
  • New Jersey Statutes 59:2-1.1 Immunity from liability for certain civil actions arising from roadway solicitations
    2. Notwithstanding any provisions of law to the contrary, a municipality, a county or the State shall not be liable in any civil action for...
  • New Jersey Statutes 59:2-1.2 Immunity from liability for public entities, employees for damages resulting from computer failure in certain circumstances.
    1.     Notwithstanding any provision of law to the contrary, a public entity, public employee, bi-state governmental entity of which the State of New Jersey...
  • New Jersey Statutes 59:2-2 Liability of public entity
    a. A public entity is liable for injury proximately caused by an act or omission of a public employee within the scope of his employment...
  • New Jersey Statutes 59:2-3 Discretionary activities
    a. A public entity is not liable for an injury resulting from the exercise of judgment or discretion vested in the entity; b. A public...
  • New Jersey Statutes 59:2-4 Adoption or failure to adopt or enforce a law
    A public entity is not liable for any injury caused by adopting or failing to adopt a law or by failing to enforce any law....
  • New Jersey Statutes 59:2-5 Issuance, denial, suspension or revocation of permit, license, etc.
    A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to...
  • New Jersey Statutes 59:2-6 Failure to inspect, or negligent inspection of, property
    A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent...
  • New Jersey Statutes 59:2-7 Recreational facilities
    A public entity is not liable for failure to provide supervision of public recreational facilities; provided, however, that nothing in this section shall exonerate a...
  • New Jersey Statutes 59:2-8 Public assistance programs--termination of benefits
    A public entity is not liable for injuries caused by the termination or reduction of benefits under a public assistance program. L.1972, c. 45, s.
  • New Jersey Statutes 59:2-9 Slander of title
    A public entity is not liable for its acts or omissions resulting in a slander on the title of any property. L.1972, c. 45, s.
  • New Jersey Statutes 59:2-10 Public employee conduct--limitation on entity liability
    A public entity is not liable for the acts or omissions of a public employee constituting a crime, actual fraud, actual malice, or willful misconduct....
  • New Jersey Statutes 59:3-1 Liability generally
    59:3-1. Generally. a. Except as otherwise provided by this act, a public employee is liable for injury caused by his act or omission to the...
  • New Jersey Statutes 59:3-2 Discretionary activities
    a. A public employee is not liable for an injury resulting from the exercise of judgment or discretion vested in him; b. A public employee...
  • New Jersey Statutes 59:3-3 Execution or enforcement of laws
    A public employee is not liable if he acts in good faith in the execution or enforcement of any law. Nothing in this section exonerates...
  • New Jersey Statutes 59:3-4 Acting under unconstitutional, invalid or inapplicable laws
    If a public employee acts under the apparent authority of a law that is unconstitutional, invalid or inapplicable, he is not liable for an injury...
  • New Jersey Statutes 59:3-5 Adoption or failure to adopt or enforce any law
    A public employee is not liable for an injury caused by his adoption of or failure to adopt any law or by his failure to...
  • New Jersey Statutes 59:3-6 Issuance, denial, suspension or revocation of permit, license, etc.
    A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to...
  • New Jersey Statutes 59:3-7 Failure to inspect, or negligent inspection of, property
    A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent...
  • New Jersey Statutes 59:3-8 Institution or prosecution of judicial or administrative proceeding
    A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment....
  • New Jersey Statutes 59:3-9 Entry upon property
    A public employee is not liable for his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing in this...
  • New Jersey Statutes 59:3-10 Misrepresentation
    A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation. L.1972, c. 45, s. 59:3-10.
  • New Jersey Statutes 59:3-11 Recreational facilities
    A public employee is not liable for the failure to provide supervision of public recreational facilities. Nothing in this section exonerates a public employee for...
  • New Jersey Statutes 59:3-12 Public assistance programs--termination of benefits
    A public employee is not liable for damages resulting from the termination or reduction of benefits under a public assistance program. L.1972, c. 45, s.
  • New Jersey Statutes 59:3-13 Slander of title
    A public employee is not liable for his acts or omissions resulting in a slander on the title of any property. L.1972, c. 45, s.
  • New Jersey Statutes 59:3-14 Public employee immunity--exception
    a. Nothing in this act shall exonerate a public employee from liability if it is established that his conduct was outside the scope of his...
  • New Jersey Statutes 59:4-1 Definitions
    As used in this chapter: a. "Dangerous condition" means a condition of property that creates a substantial risk of injury when such property is used...
  • New Jersey Statutes 59:4-2 Liability generally
    A public entity is liable for injury caused by a condition of its property if the plaintiff establishes that the property was in dangerous condition...
  • New Jersey Statutes 59:4-3 Actual notice; constructive notice
    a. A public entity shall be deemed to have actual notice of a dangerous condition within the meaning of subsection b. of section 59:4-2 if...
  • New Jersey Statutes 59:4-4 Failure to provide emergency warning signals
    Subject to section 59:4-2 of this act, a public entity shall be liable for injury proximately caused by its failure to provide emergency signals, signs,...
  • New Jersey Statutes 59:4-5 Failure to provide ordinary traffic signals--Immunity
    Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide ordinary traffic signals,...
  • New Jersey Statutes 59:4-6 Plan or design immunity
    a. Neither the public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of public...
  • New Jersey Statutes 59:4-7 Weather conditions; effect on use of streets and highways--immunity
    Neither a public entity nor a public employee is liable for an injury caused solely by the effect on the use of streets and highways...
  • New Jersey Statutes 59:4-8 Condition of unimproved public property--immunity
    Neither a public entity nor a public employee is liable for an injury caused by a condition of any unimproved public property, including but not...
  • New Jersey Statutes 59:4-9 Unimproved and unoccupied portions of certain lands--immunity
    Neither a public entity nor a public employee is liable for any injury caused by a condition of the unimproved and unoccupied portions of the...
  • New Jersey Statutes 59:4-10 Immunity from liability relative to community forestry
    16. a. Except as provided pursuant to N.J.S.59:3-14, a shade tree commission, or a member of a shade tree commission, or a volunteer participating in...
  • New Jersey Statutes 59:5-1 Failure to provide prison, jail or correctional facilities
    Neither a public entity nor a public employee is liable for failure to provide a prison, jail or penal or correctional facility, or if such...
  • New Jersey Statutes 59:5-2 Parole or escape of prisoner; injuries between prisoners; pursuit for law enforcement purposes.
    59:5-2. Parole or escape of prisoner; injuries between prisoners ; pursuit for law enforcement purposes.      Neither a public entity nor a public employee...
  • New Jersey Statutes 59:5-4 Failure to provide police protection
    Neither a public entity nor a public employee is liable for failure to provide police protection service or, if police protection service is provided, for...
  • New Jersey Statutes 59:5-5 Failure to make arrest or retain person arrested in custody
    Neither a public entity nor a public employee is liable for injury caused by the failure to make an arrest or by the failure to...
  • New Jersey Statutes 59:5-6 No liability after voluntary release from police custody
    a. Neither a public entity nor a public employee is liable for any injury suffered by a motor vehicle driver upon his voluntary release from...
  • New Jersey Statutes 59:6-1 Definitions
    As used in this chapter: "Medical facility" means a hospital, infirmary, clinic, dispensary, mental institution, or similar facility. "Mental institution" means any facility for the...
  • New Jersey Statutes 59:6-2 Failure to provide medical facilities or mental institutions
    Neither a public entity nor a public employee is liable for failure to provide a medical facility or mental institution, or if such facility or...
  • New Jersey Statutes 59:6-3 Prevention of disease or controlling communication of disease
    Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act...
  • New Jersey Statutes 59:6-4 Failure to make physical or mental examination or to make adequate physical or mental examination
    Failure to make physical or mental examination or to make adequate physical or mental examination. Except for an examination or diagnosis for the purpose of...
  • New Jersey Statutes 59:6-5 Diagnosing or failing to diagnose mental illness or drug dependence
    a. Neither a public entity nor a public employee is liable for injury resulting from diagnosing or failing to diagnose that a person is afflicted...
  • New Jersey Statutes 59:6-6 Determinations in accordance with applicable enactments
    a. Neither a public entity nor a public employee is liable for any injury resulting from determining in accordance with any applicable enactment: (1) whether...
  • New Jersey Statutes 59:6-7 Escape of person confined; injuries between inmates
    Neither a public entity nor a public employee is liable for: a. an injury caused by an escaping or escaped person who has been confined...
  • New Jersey Statutes 59:6-9 Procedures, rules, regulations.
    2.     Within six months of the effective date of this act and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),...
  • New Jersey Statutes 59:7-1 "Tax" defined
    As used in this chapter, "tax" includes a tax, assessment, fee or charge. L.1972, c. 45, s. 59:7-1.
  • New Jersey Statutes 59:7-2 Liability of a public entity or public employee generally
    Neither a public entity nor a public employee is liable for an injury caused by: a. Instituting any judicial or administrative proceeding or action for...
  • New Jersey Statutes 59:7-3 Applicability of chapter
    Nothing in this chapter affects any law relating to refund, rebate, exemption, cancellation, amendment or adjustment of taxes. L.1972, c. 45, s. 59:7-3.
  • New Jersey Statutes 59:7A-1 Definitions
    a. As used in this act "community service" means services, work or similar acts ordered by a court of competent jurisdiction to be performed by...
  • New Jersey Statutes 59:8-1 Date of accrual of cause of action
    Accrual shall mean the date on which the claim accrued and shall not be affected by the notice provisions contained herein. L.1972, c. 45, s.
  • New Jersey Statutes 59:8-2 Local public entity defined
    For purposes of this chapter "local public entity" means a public entity other than the State. L.1972, c. 45, s. 59:8-2.
  • New Jersey Statutes 59:8-3 Claims for damages against public entities
    59:8-3. Claims for damages against public entities. No action shall be brought against a public entity or public employee under this act unless the claim...
  • New Jersey Statutes 59:8-4 Contents of claim
    A claim shall be presented by the claimant or by a person acting on his behalf and shall include: a. The name and post office...
  • New Jersey Statutes 59:8-5 Signature
    The claim shall be signed by the claimant or by some person on his behalf. L.1972, c. 45, s. 59:8-5.
  • New Jersey Statutes 59:8-6 Claim forms; additional evidence and information; examinations
    59:8-6. Claim forms; additional evidence and information; examinations. A public entity may by rule or regulation adopt forms specifying information to be contained in claims...
  • New Jersey Statutes 59:8-7 Place for presentation of claim
    A claim for damage or injury arising under this act against the State shall be filed either with (1) the Attorney General or (2) the...
  • New Jersey Statutes 59:8-8 Time for presentation of claims.
    59:8-8. Time for presentation of claims. A claim relating to a cause of action for death or for injury or damage to person or to...
  • New Jersey Statutes 59:8-9 Notice of late claim
    59:8-9. Notice of late claim. A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this...
  • New Jersey Statutes 59:8-10 Presentation of claim
    59:8-10. Presentation of claim. a. A claim shall be presented to the public entity by delivering it to or mailing it certified mail to the...
  • New Jersey Statutes 59:8-11 Time of presentation and receipt; proof of mailing
    The claim shall be deemed to have been presented and received at the time of the deposit. Proof of mailing may be made in the...
  • New Jersey Statutes 59:9-1 Manner of trial
    Tort claims under this act shall be heard by a judge sitting without a jury or a judge and jury where appropriate demand therefor is...
  • New Jersey Statutes 59:9-2 Judgments, interest, limitations.
    59:9-2. a. No interest shall accrue prior to the entry of judgment against a public entity or public employee.      b.     No judgment...
  • New Jersey Statutes 59:9-3 Contribution by a public entity or public employee with a joint tortfeasor
    59:9-3. Contribution by a public entity or public employee with a joint tortfeasor. Notwithstanding any other law, in any case where a public entity or...
  • New Jersey Statutes 59:9-3.1 Percentage of liability
    Notwithstanding the provisions of P.L.1952, c. 335 (C. 2A:53A-1 et seq.), P.L.1973, c. 146 (C. 2A:15-5.1 et seq.) or any other law to the contrary,...
  • New Jersey Statutes 59:9-4 Comparative negligence
    Contributory negligence shall not bar recovery in an action by any party or his legal representative to recover damages to the extent permitted under this...
  • New Jersey Statutes 59:9-5 Discretion to award attorney's fees; limitation
    In any action brought against a public entity or a public employee under this act, the court may, in its discretion, award a successful claimant...
  • New Jersey Statutes 59:9-6 Suits against public employees--judgment or settlement as bar
    a. Where a claimant has pursued his remedy against a public entity for a claim arising out of the act or omission of a public...
  • New Jersey Statutes 59:9-7 Review of amount of verdict or judgment
    Nothing in the act to which this act is a supplement shall affect the right of the court, in accordance with the rules governing the...
  • New Jersey Statutes 59:10-1 Indemnification
    59:10-1. Indemnification. If pursuant to the provisions of P.L.1972, c. 48 (C. 59:10A-1 et seq.) the Attorney General provides for the defense of an employee...
  • New Jersey Statutes 59:10-2 Refusal to defend -- indemnification
    59:10-2. Refusal to defend--indemnification. If the Attorney General refuses to provide for the defense of a State employee as required by the provisions of P.L.1972,...
  • New Jersey Statutes 59:10-2.1 Reimbursement
    If any criminal action is instituted against any State officer based upon an act or omission of that officer arising out of and directly related...
  • New Jersey Statutes 59:10-2.2 Claim
    A claim for reimbursement shall be filed within the time and in the manner provided for claims for damage or injury under chapter 8 of...
  • New Jersey Statutes 59:10-2.3 Applicability
    Notwithstanding the provisions of section 2 of this act, this act shall apply to claims arising prior to the effective date of this act provided...
  • New Jersey Statutes 59:10-3 Public employee's duty to notify and cooperate with Attorney General
    A State employee shall not be entitled to indemnification under this act unless within 10 calendar days of the time he is served with any...
  • New Jersey Statutes 59:10-4 Local public entities -- authority to indemnify
    59:10-4. Local public entities--authority to indemnify. Local public entities are hereby empowered to indemnify local public employees consistent with the provisions of this act. A...
  • New Jersey Statutes 59:10-5 Tort claims coverage
    State authorities, State commissions and State agencies which are authorized by statute to sue and be sued may obtain coverage for liability and representation by...
  • New Jersey Statutes 59:10-6 Limitations
    Coverage afforded pursuant to this supplementary act shall provide indemnification for awards within the limitations of the "New Jersey Tort Claims Act." L. 1987, c....
  • New Jersey Statutes 59:10-7 Expiration; renewal
    Coverage afforded pursuant to this supplementary act shall expire on the 30th day of June following the approval of coverage. Coverage may be extended for...
  • New Jersey Statutes 59:10-8 Fees; control of litigation
    The State Treasurer and the Attorney General shall have the power to set annual fees and charges payable by the authority, commission or agency for...
  • New Jersey Statutes 59:10-9 Insurance, indemnity unaffected
    Nothing contained in this supplementary act shall inure to the benefit of any insurance company which has issued a policy of liability insurance or to...
  • New Jersey Statutes 59:10-10 Indemnification
    Citizen members of the New Jersey Building Authority to whom have been delegated the supervision of the construction, reconstruction, rehabilitation or improvement of any project...
  • New Jersey Statutes 59:10A-1 Attorney General's duty to defend State employees
    Except as provided in section 2 hereof, the Attorney General shall, upon a request of an employee or former employee of the State, provide for...
  • New Jersey Statutes 59:10A-2 Grounds for refusal to provide defense
    The Attorney General may refuse to provide for the defense of an action referred to in section 1 if he determines that: a. the act...
  • New Jersey Statutes 59:10A-3 The Attorney General's authority to represent
    In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of a State employee or former State employee,...
  • New Jersey Statutes 59:10A-4 Attorney General's exclusive control over litigation
    Whenever the Attorney General provides for the defense of a State employee or former State employee pursuant to this act, the Attorney General may assume...
  • New Jersey Statutes 59:10A-5 Methods of providing defense
    The Attorney General may provide for a defense pursuant to this act by an attorney from his own staff or by employing other counsel for...
  • New Jersey Statutes 59:10A-6 Powers not in derogation of existing authority
    The authority granted to the Attorney General by this act shall be in addition to and not in derogation of his existing authority to represent...
  • New Jersey Statutes 59:11-1 Authority to settle claims
    a. The State Treasurer shall pay any tort claim or claim for indemnification against the State under this act not exceeding $7,500.00 which is recommended...
  • New Jersey Statutes 59:12-1 Fund establishment
    There is hereby established in the custody of the State Treasurer a fund to be used for the payment of claims against the State arising...
  • New Jersey Statutes 59:12-2 Repealers
    All acts and parts of acts inconsistent with this act are, to the extent of such inconsistency, repealed, including without limitation: P.L.1971, c. 199, s....
  • New Jersey Statutes 59:12-3 Prospective application of act
    This act applies only to claims that accrue on or after its effective date. Claims that accrued prior to the effective date of this act...
  • New Jersey Statutes 59:13-1 Short title
    This subtitle shall be known as the "New Jersey Contractual Liability Act." L.1972, c. 45, s. 59:13-1.
  • New Jersey Statutes 59:13-2 Definitions
    As used in this chapter: "State" shall mean the State and any office, department, division, bureau, board, commission or agency of the State, but shall...
  • New Jersey Statutes 59:13-3 Waiver of immunity from liability in contract
    The State of New Jersey hereby waives its sovereign immunity from liability arising out of an express contract or a contract implied in fact and...
  • New Jersey Statutes 59:13-4 Jurisdiction in the New Jersey courts
    The courts of competent jurisdiction of the State of New Jersey shall have jurisdiction over all claims against the State for breach of a contract,...
  • New Jersey Statutes 59:13-5 Presentation and consideration of claims
    It shall be the responsibility of parties contracting with the State to promptly notify the State in writing of any situation or occurrence which may...
  • New Jersey Statutes 59:13-6 Notice of late claim
    A claimant who fails to file notice of his claim within 90 days as provided in section 6 of this chapter, may, in the discretion...
  • New Jersey Statutes 59:13-7 Arbitration statute unaffected
    Nothing in this chapter shall be construed to prohibit the parties from agreeing to settle contract disputes by arbitration in accordance with the provisions of...
  • New Jersey Statutes 59:13-8 Interest on judgments
    59:13-8. Interest on judgments. No interest shall accrue prior to the entry of judgment in a court of competent jurisdiction, except that the court, in...
  • New Jersey Statutes 59:13-9 Payment of claims
    Whenever any such claim shall have been settled according to law or reduced to final judgment in a court of competent jurisdiction, the same shall...
  • New Jersey Statutes 59:13-10 Claims affected by this chapter
    The time limitations contained in section 5 of this chapter shall not apply to those claims accruing prior to the effective date of this chapter;...
  • New Jersey Statutes 59:14-2 Severability
    If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged to be unconstitutional or invalid, such judgment shall not affect, impair...
  • New Jersey Statutes 59:14-3 Appropriation
    a. There is hereby appropriated to the fund established pursuant to section 59:12-1 of this act, the sum of $750,000.00 for use during the fiscal...
  • New Jersey Statutes 59:14-4 Effective date provision
    a. Subtitle 1 of this act takes effect on July 1, 1972; provided however the Attorney General is authorized to take such anticipatory action prior...

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Last modified: March 23, 2014