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New Jersey Statutes, Title 59

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Title 59, Title 59: CLAIMS AGAINST PUBLIC ENTITIES

16 chapters · 120 sections in this title.

All chapters in Title 59120 Ch 3, Chapter 316 Ch 2, Chapter 214 Ch 10, Chapter 1013 Ch 8, Chapter 811 Ch 4, Chapter 410 Ch 13, Chapter 1310 Ch 6, Chapter 69 Ch 9, Chapter 98 Ch 1, Chapter 17 Ch 10A, Chapter 10A6 Ch 5, Chapter 55 Ch 7, Chapter 73 Ch 12, Chapter 123 Ch 14, Chapter 143

120 sections·Filtered byTitle 59✕

N.J.S.A. 59:1-1 Short title
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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.
N.J.S.A. 59:1-2 Legislative declaration
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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 hand the Legislature recognizes that while a private entrepreneur may rea…
N.J.S.A. 59:1-3 Definitions.
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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 perform any act or service; provided, however, that the term does not include an independent cont…
N.J.S.A. 59:1-4 Effect upon liability based on contract or right to relief other than damages
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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 of its employees. L.1972, c. 45, s. 59:1-4.

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N.J.S.A. 59:1-5 Workmen's compensation laws not repealed

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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 Workmen's compensation laws not repealed Nothing in this act shall be construed to affect, alter or repeal any provision of the workmen's compensation laws of this State.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, s. 59:1-5.

N.J.S.A. 59:1-6 Military and veterans laws not repealed

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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 Military and veterans laws not repealed Nothing in this act shall be construed to affect, alter or repeal any provision of the military and veterans law of this State, except as specifically provided in repealer section 59:12-2 of this subtitle. L.1972, c. 45, s. 59:1-6.

N.J.S.A. 59:1-7 Effect of assumption of liability by United States

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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 by the United States, to the extent of such assumption of liabilit…

N.J.S.A. 59:2-1 Immunity of public entity generally

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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 or omission of the public entity or a public employee or any other person. b. Any liability of a public e…

N.J.S.A. 59:2-1.1 Immunity from liability for certain civil actions arising from roadway solicitations

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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 damages for property damage or personal injur…

N.J.S.A. 59:2-1.2 Immunity from liability for public entities, employees for damages resulting from computer failure in certain circumstances.

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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 …

N.J.S.A. 59:2-1.3 Liability for public entity, employee.

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59:2-1.3 Liability for public entity, employee. 7. a. Notwithstanding any provision of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to the contrary: (1) immunity from civil liability granted by that act to a public entity or public employee shall not apply to an action…

N.J.S.A. 59:2-10 Public employee conduct--limitation on entity liability

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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. L.1972, c. 45, s. 59:2-10.

N.J.S.A. 59:2-11 Actions of public entity; immunity.

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59:2-11 Actions of public entity; immunity. 8. The action or inaction by a public entity or public employee when promulgating, amending or supplementing the roster of personalized handguns that may be sold in this State pursuant to P.L.2019, c.164 (C.2C:58-2.7 et al.) shall not c…

N.J.S.A. 59:2-2 Liability of public entity

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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 in the same manner and to the same extent as a private individual under like circumstances. b. A public enti…

N.J.S.A. 59:2-3 Discretionary activities

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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 entity is not liable for legislative or judicial action or inaction, or administrative action or inaction of a l…

N.J.S.A. 59:2-4 Adoption or failure to adopt or enforce a law

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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. L.1972, c. 45, s. 59:2-4.

N.J.S.A. 59:2-5 Issuance, denial, suspension or revocation of permit, license, etc.

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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 issue, deny, suspend or revoke, any permit, license, certificate, a…

N.J.S.A. 59:2-6 Failure to inspect, or negligent inspection of, property

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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 inspection of any property; provided, however, that nothing in this section sha…

N.J.S.A. 59:2-7 Recreational facilities

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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 public entity from liability for failure to protect against a dangerous condition …

N.J.S.A. 59:2-8 Public assistance programs--termination of benefits

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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. 59:2-8.

N.J.S.A. 59:2-9 Slander of title

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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. 59:2-9.

N.J.S.A. 59:3-1 Liability generally

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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 same extent as a private person. b. The liability of a public employee established by this act is subject to any…

N.J.S.A. 59:3-10 Misrepresentation

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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.

N.J.S.A. 59:3-11 Recreational facilities

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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 negligence in the supervision of a public recreational facility. L.1972, c. 45, s. 5…

N.J.S.A. 59:3-12 Public assistance programs--termination of benefits

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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. 59:3-12.

N.J.S.A. 59:3-13 Slander of title

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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. 59:3-13.

N.J.S.A. 59:3-14 Public employee immunity--exception

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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 employment or constituted a crime, actual fraud, actual malice or willful misconduct. b. Nothing…

N.J.S.A. 59:3-15 Immunity from liability for certain professional services under certain circumstances.

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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 R.S.45:3-1 et seq. or a pro…

N.J.S.A. 59:3-16 Immunity protection not provided under certain circumstances.

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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 the immunity protection provided by section 1 of this act if: …

N.J.S.A. 59:3-2 Discretionary activities

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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 is not liable for legislative or judicial action or inaction, or administrative action or inaction of a legi…

N.J.S.A. 59:3-3 Execution or enforcement of laws

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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 a public employee from liability for false arrest or false imprisonment. L.1972, c. 45, s. 59:3-3.

N.J.S.A. 59:3-4 Acting under unconstitutional, invalid or inapplicable laws

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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 caused thereby except to the extent that he would have been liable…

N.J.S.A. 59:3-5 Adoption or failure to adopt or enforce any law

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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 enforce any law. L.1972, c. 45, s. 59:3-5.

N.J.S.A. 59:3-6 Issuance, denial, suspension or revocation of permit, license, etc.

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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 issue, deny, suspend or revoke, any permit, license, certificate,…

N.J.S.A. 59:3-7 Failure to inspect, or negligent inspection of, property

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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 inspection of any property; provided, however, that nothing in this section s…

N.J.S.A. 59:3-8 Institution or prosecution of judicial or administrative proceeding

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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. L.1972, c. 45, s. 59:3-8.

N.J.S.A. 59:3-9 Entry upon property

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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 section exonerates a public employee from liability for an injury proximately caused subsequent to such entry …

N.J.S.A. 59:4-1 Definitions

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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 with due care in a manner in which it is reasonably foreseeable that it will be used. b. "Protect against" incl…

N.J.S.A. 59:4-10 Immunity from liability relative to community forestry

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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 a community forestry program as provided for by P.L.1996, c.135 (C…

N.J.S.A. 59:4-2 Liability generally

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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 at the time of the injury, that the injury was proximately caused by the dangerous condition, that the …

N.J.S.A. 59:4-3 Actual notice; constructive notice

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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 it had actual knowledge of the existence of the condition and knew or should have known of its dan…

N.J.S.A. 59:4-4 Failure to provide emergency warning signals

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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, markings or other devices if such devices were necessary to warn of a dang…

N.J.S.A. 59:4-5 Failure to provide ordinary traffic signals--Immunity

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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, signs, markings or other similar devices. L.1972, c. 45, s. 59:4-5.

N.J.S.A. 59:4-6 Plan or design immunity

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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 property, either in its original construction or any improvement thereto, where such plan or design has been approv…

N.J.S.A. 59:4-7 Weather conditions; effect on use of streets and highways--immunity

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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 of weather conditions. L.1972, c. 45, s. 59:4-7.

N.J.S.A. 59:4-8 Condition of unimproved public property--immunity

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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 limited to any natural condition of any lake, stream, bay, river or beach. L.…

N.J.S.A. 59:4-9 Unimproved and unoccupied portions of certain lands--immunity

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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 tidelands and submerged lands, and the beds of navigable rivers, str…

N.J.S.A. 59:5-1 Failure to provide prison, jail or correctional facilities

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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 facility is provided, for failure to provide sufficient equipment, person…

N.J.S.A. 59:5-2 Parole or escape of prisoner; injuries between prisoners; pursuit for law enforcement purposes.

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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 liable for: a. An injur…

N.J.S.A. 59:5-4 Failure to provide police protection

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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 failure to provide sufficient police protection service. L.1972, c. 45, s. 59:5-…