N.J. Stat. § 59:1-1
Short title
This subtitle shall be known and may be cited as the "New Jersey Tort Claims Act."
New Jersey Statutes Title 59 — Claims Against Public Entities
New Jersey · statute · N.J. Stat. tit. 59 · 120 active provisions
N.J. Stat. § 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 readily be held liable for negligence within the chosen ambit of his activi…
N.J. Stat. § 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 contractor. "Employment" includes office; position; employment;…
N.J. Stat. § 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.
N.J. Stat. § 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Workmen's compensation laws not repealed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.
N.J. Stat. § 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Military and veterans laws not repealed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.
N.J. Stat. § 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 liability.
N.J. Stat. § 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 entity established by this act is subject to any immunity of the public entity and is…
N.J. Stat. § 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 injury resulting from a motor vehicle accident arising out of or in the course of roadway solicitations for the purpose of soliciting contri…
N.J. Stat. § 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 a member, or an employee of such an entity, shall not be liable in any civil action for damages resulting from or caused directly or indirectly by the failure of co…
N.J. Stat. § 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 at law for damages as a result of a sexual assault, any other crime of a sexual nature,…
N.J. Stat. § 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 entity is not liable for an injury resulting from an act or omission of a publi…
N.J. Stat. § 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 legislative or judicial nature; c. A public entity is not liable for the e…
N.J. Stat. § 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.
N.J. Stat. § 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, approval, order, or similar authorization where the public entity or public employee is authorized by law to determin…
N.J. Stat. § 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 shall exonerate a public entity from liability for negligence during the course of, but outside the scope of…
N.J. Stat. § 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 as provided in chapter 4.
N.J. Stat. § 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.
N.J. Stat. § 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.
N.J. Stat. § 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.
N.J. Stat. § 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 constitute a representation, warranty or guarantee by any public entity or employee w…
N.J. Stat. § 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 immunity of a public employee provided by law and is subject to any…
N.J. Stat. § 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 legislative or judicial nature; c. A public employee is not liable for the ex…
N.J. Stat. § 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.
N.J. Stat. § 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 had the law been constitutional, valid and applicable.
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