reglab/housing_qa huggingface dataset:
NJ Rev Stat § 59:8-10 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:8-10 - Presentation of claim

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 be presented to a local public entity by delivering it or mailing it certified mail to the entity.  b. A claim or application shall be deemed to have been presented in compliance with this section even though it is not delivered or mailed as provided in this section if it is actually received at an office of the State or local public entity within the time prescribed for presentation thereof.  c. Service of the notice required by this chapter upon the public entity shall constitute constructive service upon any employee of that entity.  L.1972, c.45, s.59:8-10; amended 1994,c.49,s.6.
NJ Rev Stat § 59:8-11 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:8-11 - Time of presentation and receipt; proof of mailing

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.
NJ Rev Stat § 59:9-1 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:9-1 - Manner of trial

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.1975, c. 3, s. 1.
NJ Rev Stat § 59:9-2 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:9-2 - Judgments, interest, limitations.

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 or products liability. c. No punitive or exemplary damages shall be awarded against a public entity. d. No damages shall be awarded against a public entity or public employee for pain and suffering resulting from any injury; provided, however, that this limitation on the recovery of damages for pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical treatment expenses are in excess of $3,600.00. For purposes of this section medical treatment expenses are defined as the reasonable value of services rendered for necessary surgical, medical and dental treatment of the claimant for such injury, sickness or disease, including prosthetic devices and ambulance, hospital or professional nursing service. e. If a claimant receives or is entitled to receive benefits for the injuries allegedly incurred from a policy or policies of insurance or any other source other than a joint tortfeasor, such benefits shall be disclosed to the court and the amount thereof which duplicates any benefit contained in the award shall be deducted from any award against a public entity or public employee recovered by such claimant; provided, however, that nothing in this provision shall be construed to limit the rights of a beneficiary under a life insurance policy. No insurer or other person shall be entitled to bring an action under a subrogation provision in an insurance contract against a public entity or public employee. L.1972, c.45, s.59:9-2; amended 2000, c.126, s.32.
NJ Rev Stat § 59:9-3 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|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  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 his employment is determined to be a joint tortfeasor the public entity or public employee shall be required to contribute to a joint tortfeasor only to the extent of the recovery provided for under this act  L.1972, c.45, s.59:9-3; amended by L. 1987,c.324,s.2.
NJ Rev Stat § 59:9-3.1 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:9-3.1 - Percentage of liability

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 determined to be a tortfeasor in any cause of action along with one or more other tortfeasors, the public entity or public employee shall be liable for no more than that percentage share of the damages which is equal to the percentage of the negligence attributable to that public entity or public employee and only to the extent authorized by N.J.S. 59:9-2 and N.J.S. 59:9-4.  L. 1987,c.324,s.1.
NJ Rev Stat § 59:9-4 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:9-4 - Comparative negligence

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 is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage of negligence attributable to the person recovering. In all negligence actions in which the question of liability is in dispute, the trier of fact shall make the following as findings of fact: a. The amount of damages which would be recoverable by the injured party regardless of any consideration of negligence, that is, the full value of the injured party's damages to the extent permitted under this act. b. The extent, in the form of a percentage, of each party's negligence. The percentage of negligence of each party shall be based on 100% of the total of all percentages of negligence of all the parties to a suit shall be 100%. c. The judge shall mold the judgment from the findings of fact made by the trier of fact in accordance with the provisions of this act. L.1972, c. 45, s. 59:9-4. Amended by L.1975, c. 3, s. 2; L.1982, c. 191, s. 2, eff. Dec. 6, 1982.
NJ Rev Stat § 59:9-5 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:9-5 - Discretion to award attorney's fees; limitation

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 not exceeding a total of $100.00 and (c) reasonable attorney's fees; provided however that there shall be no such recovery in any case where damages are awarded for pain and suffering. L.1972, c. 45, s. 59:9-5.
NJ Rev Stat § 59:9-6 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:9-6 - Suits against public employees--judgment or settlement as bar

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 suit against the employee in a claim arising from the same subject matter. b. Where a claimant has pursued his remedy against a public employee 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 suit against the entity in a claim arising from the same subject matter. L.1972, c. 45, s. 59:9-6.
NJ Rev Stat § 59:9-7 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:9-7 - Review of amount of verdict or judgment

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 motion of a party for a new trial. L.1975, c. 3, s. 3.
NJ Rev Stat § 59:10-1 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-1 - Indemnification

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 this section requires the State to pay for punitive or exemplary damages or damages resulting from the commission of a crime. The State may, however, indemnify a State employee for exemplary or punitive damages resulting from the employee's civil violation of State or federal law if, in the opinion of the Attorney General, the acts committed by the State employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong.  L.1972, c.45, s.59:10-1; amended by L. 1987,c.340,s.1.
NJ Rev Stat § 59:10-2 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-2 - Refusal to defend -- indemnification

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 State shall be entitled to indemnification from the State if he establishes that the act or omission upon which the claim or judgment was based occurred within the scope of his employment as an employee of the State and the State fails to establish that he acted or failed to act because of actual fraud, actual malice or willful misconduct.  If the State employee establishes that he was entitled to a defense under the provisions of this chapter, the State shall pay or reimburse him for any bona fide settlement agreements entered into by the employee, and shall pay or reimburse him for any judgments entered against the employee, and shall pay or reimburse him for all costs of defending the action, including reasonable counsel fees and expenses, together with costs of appeal, if any.  Nothing in this section requires the State to pay for punitive or exemplary damages or damages resulting from the commission of a crime. The State may indemnify a State employee for exemplary or punitive damages resulting from the employee's civil violation of State or federal law if, in the opinion of the Attorney General, the acts committed by the State employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong.  L.1972, c.45, s.59:10-2; amended 1987,c.340,s.2.
NJ Rev Stat § 59:10-2.1 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-2.1 - Reimbursement

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 results in a final disposition in favor of that officer, the State shall reimburse the officer for the cost of defending the action, including reasonable attorney's fees and costs of trial and appeals.  L.1989, c.77, s.1.
NJ Rev Stat § 59:10-2.2 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-2.2 - Claim

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 claim resulting from a criminal action.  L.1989, c.77, s.2.
NJ Rev Stat § 59:10-2.3 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-2.3 - Applicability

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 section 1.  L.1989, c.77, s.3.
NJ Rev Stat § 59:10-3 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-3 - Public employee's duty to notify and cooperate with Attorney General

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 delivers the original or a copy thereof to the Attorney General or his designee. Upon such delivery the Attorney General may, pursuant to the provisions of P.L.1972, c. 48 Senate Bill No. 993 now pending before the Legislature, assume exclusive control of the employee's representation and such employee shall cooperate fully with the Attorney General's defense. L.1972, c. 45, s. 59:10-3.
NJ Rev Stat § 59:10-4 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-4 - Local public entities -- authority to indemnify

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 employee of the local public entity for exemplary or punitive damages resulting from the employee's civil violation of State or federal law if, in the opinion of the governing body of the local public entity, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.  L.1972, c.45, s.59:10-4; amended 1987,c.340,s.3.
NJ Rev Stat § 59:10-5 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-5 - Tort claims coverage

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 Claims Act," N.J.S. 59:1-1 et seq., for themselves and their public employees from the fund established under N.J.S. 58:12-1 when:  a. The governing body of the authority, commission or agency petitions the State Treasurer and the Attorney General for such coverage; and  b. The State Treasurer and the Attorney General determine that such coverage would be in the public interest and that adequate coverage is unavailable at reasonable rates.  L. 1987, c. 278, s. 1.
NJ Rev Stat § 59:10-6 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-6 - Limitations

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.
NJ Rev Stat § 59:10-7 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-7 - Expiration; renewal

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, provided that for each renewal they determine that coverage would be in the public interest and that adequate coverage is unavailable at reasonable rates.  L. 1987, c. 278, s. 3.
NJ Rev Stat § 59:10-8 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-8 - Fees; control of litigation

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, commission or agency and its employees shall cooperate with the Attorney General in the defense of all covered claims. The Attorney General shall have the exclusive right to control all such litigation.  L. 1987, c. 278, s. 4.
NJ Rev Stat § 59:10-9 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-9 - Insurance, indemnity unaffected

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. 278, s. 5.
NJ Rev Stat § 59:10-10 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10-10 - Indemnification

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 defense of any action provided for in the same manner and to the same extent as employees of the State under the "New Jersey Tort Claims Act," N.J.S. 59:1-1 et seq. on account of acts or omissions in the scope of their authority.  L. 1987,c.360.
NJ Rev Stat § 59:10A-1 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10A-1 - Attorney General's duty to defend State employees

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 employee on account of an act or omission in the scope of his employment. For the purposes of this section, the Attorney General's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee or former employee. L.1972, c. 48, s. 1, eff. June 1, 1972.
NJ Rev Stat § 59:10A-2 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10A-2 - Grounds for refusal to provide defense

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 of actual fraud, willful misconduct or actual malice; or c. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee or former employee. L.1972, c. 48, s. 2, eff. June 1, 1972.
NJ Rev Stat § 59:10A-3 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10A-3 - The Attorney General's authority to represent

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 interest of the State. L.1972, c. 48, s. 3, eff. June 1, 1972.
NJ Rev Stat § 59:10A-4 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10A-4 - Attorney General's exclusive control over litigation

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 exclusive control over the representation of such employee or former State employee and such employee or former State employee shall cooperate fully with the Attorney General's defense. L.1972, c. 48, s. 4, eff. June 1, 1972.
NJ Rev Stat § 59:10A-5 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10A-5 - Methods of providing defense

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 this purpose or by asserting the State's right under any appropriate insurance policy which requires the insurer to provide the defense. L.1972, c. 48, s. 5, eff. June 1, 1972.
NJ Rev Stat § 59:10A-6 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:10A-6 - Powers not in derogation of existing authority

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 and defend State employees and former State employees. L.1972, c. 48, s. 6, eff. June 1, 1972.
NJ Rev Stat § 59:11-1 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:11-1 - Authority to settle claims

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 for payment by the Attorney General or his designee. The State Treasurer shall pay any such claim exceeding $7,500.00 upon the recommendation of the Attorney General or his designee and the approval of the Director of the Division of Budget and Accounting. b. The State Treasurer shall pay all contract claims against the State upon the recommendation of the Attorney General or his designee with the approval of the appropriate Department or agency head and the Director of the Division of Budget and Accounting. All such claims shall be paid in accordance with the provisions of the New Jersey Contractual Liability Act. L.1972, c. 45, s. 59:11-1.
NJ Rev Stat § 59:12-1 (2021)
2021 New Jersey Revised Statutes|Title 59 - Claims Against Public Entities|Section 59:12-1 - Fund establishment

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 out of tort. No money shall be withdrawn from such fund unless the claim has been settled according to law or reduced to final judgment in a court of competent jurisdiction. Whenever any tort claim or claim for indemnification shall have been settled according to law or reduced to final judgment in a court of competent jurisdiction, the same shall be certified by the Attorney General or his designee, to the State Treasurer who shall pay the claim upon the warrant of the Director of the Division of Budget and Accounting out of moneys contained in the fund. Whenever the State Treasurer shall determine that funds are unavailable to pay any such claim, he shall certify the amount of such deficiency and the amount so certified shall be appropriated and paid to the claimant in the manner aforesaid. L.1972, c. 45, s. 59:12-1.