New Jersey Revised Statutes Title 59 - Claims Against Public Entities

• Section 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.
• Section 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...
• Section 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 to...
• Section 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...
• Section 59:1-5 - Workmen's Compensation Laws Not Repealed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....
• Section 59:1-6 - Military And Veterans Laws Not Repealed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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 is...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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,...
• Section 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...
• Section 59:2-11 - Actions Of Public Entity, Employee; Immunity.
  8.No action or inaction by a public entity or public employee in implementing the provisions of P.L.2002, c.130 (C.2C:58-2.2 et al.), including but not...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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,...
• Section 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,...
• Section 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...
• Section 59:3-15 - Immunity From Liability For Certain Professional Services Under Certain Circumstances.
  1.Notwithstanding any other provision of law to the contrary and except as provided in P.L.2014, c.53 (C.59:3-15 et seq.), an architect licensed pursuant to...
• Section 59:3-16 - Immunity Protection Not Provided Under Certain Circumstances.
  2.An architect or professional engineer shall not be considered an employee of a public entity pursuant to N.J.S.59:1-1 et seq. and shall not have...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 is...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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)...
• Section 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...
• Section 59:6-8 - Immunity For Public Entities, Employees Relative To Certain Actions For Response To Cbr Agents.
  1.Notwithstanding any other provision of law to the contrary, a public entity or public employee shall not be liable in any civil action for...
• Section 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.), the...
• Section 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.
• Section 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...
• Section 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.
• Section 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...
• Section 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,...
• Section 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.
• Section 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...
• Section 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...
• Section 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.
• Section 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...
• Section 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)...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 shall be granted...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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....
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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.
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...

Last modified: October 11, 2016