Title 59, Title 59: CLAIMS AGAINST PUBLIC ENTITIES

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 to promote the public health of the community by preventing disease or cont…

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 treatment, neithe…

59:6-5 Immunity from liability for failure to diagnose certain conditions; exceptions. 59:6-5. a. Neither a public entity nor a public employee is liable for injury resulting from diagnosing or failing to diagnose that a person has a mental illness or is a person with a substance…

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 to confine a person for mental illness or drug dependence;…

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 for mental illness or drug dependence; b. an injury caused by any person who has bee…

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 damages as a result of the public e…

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 Commissioner of Health and Senior Services shall adopt and implement adequate procedu…

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.

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 or incidental to the assessment or collection of a tax. b. An …

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.

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 an offender as part of a sentence, penalty or other disposition imposed for the violation of a statute or ordinance…

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. 59:8-1.

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 office of the Attorney General or the office of the State agency allegedly involved in the action. A claim may…

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 manner prescribed by the Rules of Court. L.1972, c. 45, s. 59:8-11.

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.

59:8-3 Claims for damages against public entities; inapplicability. 59:8-3. Claims for damages against public entities. a. Except as otherwise provided in this section, no action shall be brought against a public entity or public employee under this act unless the claim upon whic…

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 address of the claimant; b. The post-office address to which the person presenting the claim desires notices to be sent; c. The …

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.

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 filed against it or its employee u…

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 department or agency involved in the alleged wrongful act or omission. A claim for injury or damages arisin…

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 property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause …

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 act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one y…

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 made in accordance with the rules governing the courts of the State of New Jersey. L.1972, c. 45, s. 59:9-1. Amended by L.1…

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 against a public entity or public employee on the basis of strict liability, implied warranty, o…

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 public employee acting within the scope of hi…

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, in any case where a public entity or public employee acting within the scope of his employment is …

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 act, if such negligence was not greater than the negligence of the party against whom recovery…

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 (a) costs ordinarily allowable in the private sector (b) expert witness fees no…

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 employee of a public entity, a judgment or settlement shall be a complete bar to sui…

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 courts, to review the amount of a verdict or judgment on its own initiative or in acting on a motio…

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 or former employee, the State shall provide indemnification for the State employee. Nothing in th…

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 pursuant to a resolution of the authority shall be indemnified and their de…

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, c. 48 (C. 59:10A-1 et seq.), the employee or former employee of the…

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 to the lawful exercise of his official duties or under color of his authority, and that action is dismissed or…

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 Title 59 of the New Jersey Statutes, except where the procedure prescribed in that chapter is inconsistent with the nature of a …

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 they are filed within two years after the dismissal or final disposition of the criminal action referred to in…

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 summons, complaint, process, notice, demand or pleading, he deli…

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 local public entity may indemnify an emplo…

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 the Attorney General's Office for defense of liability cases under the "New Jersey Tort…

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. 278, s. 2.

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 additional one year terms on conditions fixed by the State Treasurer and the Attorney General, p…

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 coverage and fix monetary limits on the extent of coverage to be afforded an authority, commiss…

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 any person who is obligated to indemnify a public entity or public employee. L. 1987, c.…

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 the defense of any action brought against such State employee or former State…

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 or omission was not within the scope of employment; or b. the act or the failure to act was because …

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, if he concludes that such representation is in the best intere…