reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-4 - Failure to make physical or mental examination or to make adequate physical or mental examination

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, neither a public entity nor a public employee is liable for injury caused by the failure to make a physical or mental examination, or to make an adequate physical or mental examination, of any person for the purpose of determining whether such person has a disease or physical or mental condition that would constitute a hazard to the health or safety of himself or others. For the purposes of this section, "public employee" includes a private physician while actually performing professional services for a public entity as a volunteer without compensation.
L.1972, c. 45, s. 59:6-4. Amended by L.1983, c. 184, s. 1, eff. May 11, 1983.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-5 - Immunity from liability for failure to diagnose certain conditions; exceptions.

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 use disorder involving drugs or from failing to prescribe for mental illness or a substance use disorder involving drugs; provided, however, that nothing in this subsection exonerates a public entity or a public employee who has undertaken to prescribe for a mental illness or a substance use disorder involving drugs from liability for injury proximately caused by negligence or by a wrongful act in so prescribing.
b. Nothing in subsection a. exonerates a public entity or a public employee from liability for injury proximately caused by a negligent or wrongful act or omission in administering any treatment prescribed for a mental illness or a substance use disorder involving drugs.
Amended 2017, c.131, s.218.
L.1972, c. 45, s. 59:6-5; amended 2017, c.131, s.218.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-6 - Determinations in accordance with applicable enactments

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;
(2) the terms and conditions of confinement for mental illness or drug dependence;
(3) whether to parole, grant a leave of absence to, or release a person from confinement for mental illness or drug dependence.
L.1972, c. 45, s. 59:6-6.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-7 - Escape of person confined; injuries between inmates

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 been confined for mental illness or drug dependence upon any other person so confined.
L.1972, c. 45, s. 59:6-7.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-8 - Immunity for public entities, employees relative to certain actions for response to CBR agents.

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 entity's or public employee's acts of commission or omission arising out of and in the course of the acquisition, stockpiling, distribution or dispensing by the public entity or public employee of drugs and vaccines which mitigate the effects of exposure to nuclear, chemical or biological agents caused by an act of terrorism or arising out of a state of emergency as declared by the Governor, including but not limited to, potassium iodide pills.
Nothing in this act shall be deemed to grant immunity to any person or entity causing damage by a willful, wanton or grossly negligent act of commission or omission.
L.2003,c.51,s.1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-9 - Procedures, rules, regulations.

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 procedures and promulgate rules and regulations necessary to implement the acquisition, stockpiling, distribution and dispensing of drugs and vaccines which mitigate the effects of exposure to nuclear, chemical or biological agents, including but not limited to, potassium iodide pills.
The rules and regulations shall include, but need not be limited to, provisions concerning: (1) the monitoring and inspection procedures for stockpiled drugs and vaccines; (2) the maintenance and retention of records of information from monitoring activities; (3) the submission to the Department of Health and Senior Services of monitoring reports; and (4) any other related information as the Commissioner of Health and Senior Services may require.
L.2003,c.51,s.2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:7-2 - Liability of a public entity or public employee generally

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 act or omission in the interpretation or application of any law relating to a tax.
L.1972, c. 45, s. 59:7-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:7A-1 - Definitions

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.
b. Notwithstanding any provisions of law to the contrary:
(1) A county or municipality shall not be liable in any civil action for damages to an offender or any other person arising out of and in the course of the performance of community service; and
(2) A county or municipality shall not be subject to any law governing the provision of labor, workers' compensation, conditions of employment or insurance with respect to an offender performing community service.
c. Nothing in this section shall be deemed to grant immunity if the damages suffered by an offender or any other person were caused by a willful, wanton, or grossly negligent act of commission or omission by a county or municipality.
d. Nothing in this section shall be deemed to grant immunity to a county or municipality for damages resulting from the negligent operation of a motor vehicle.
L.1991,c.56,s.1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:8-1 - Date of accrual of cause of action

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.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:8-3 - Claims for damages against public entities; inapplicability.

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 which it is based shall have been presented in accordance with the procedure set forth in this chapter.
b. The procedural requirements of this chapter shall not apply to an action at law for an injury resulting from the commission of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1).
amended 1994, c.49, s.2; 2019, c.120, s.8.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:8-4 - Contents of claim

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 date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
d. A general description of the injury, damage or loss incurred so far as it may be known at the time of presentation of the claim;
e. The name or names of the public entity, employee or employees causing the injury, damage or loss, if known; and
f. The amount claimed as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed.
L.1972, c. 45, s. 59:8-4.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:8-6 - Claim forms; additional evidence and information; examinations

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 under this act. Such forms shall include the requirements of 59:8-4 of this act and may include such additional information or evidence as (1) written reports of a claimant's attending physicians or dentists setting forth the nature and extent of injury and treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity; (2) a list of claimant's expert witnesses and any of their reports or statements relating to the claim; (3) itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses; (4) documentary evidence showing amounts of income lost; (5) if future treatment is necessary, a statement of anticipated expenses for each treatment.
In addition, the claimant may be required to submit to a physical or mental examination by a physician employed by the public entity and a claimant may be required to permit a public entity to inspect all appropriate records relating to his claim for liability and damages including, but not limited to, income tax returns, hospital records, medical records and employment records.
The Attorney General is hereby authorized to issue rules and regulations on behalf of the State for the purpose of eliciting the types of information referred to in this section and for specifying any additional information which may be reasonably necessary for the administrative disposition of claims under this act.
L.1972, c.45, s.59:8-6; amended 1994,c.49,s.3.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:8-7 - Place for presentation of claim

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 arising under this act against a local public entity shall be filed with that entity.
L.1972, c. 45, s. 59:8-7.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:8-8 - Time for presentation of claims.

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 of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. The claimant failed to file the claim with the public entity within 90 days of accrual of the claim except as otherwise provided in N.J.S.59:8-9; or
b. Two years have elapsed since the accrual of the claim; or
c. The claimant or the claimant's authorized representative entered into a settlement agreement with respect to the claim.
Nothing in this section shall prohibit a minor or a person who is mentally incapacitated from commencing an action under this act within the time limitations contained herein, after reaching majority or returning to mental capacity.
amended 1994, c.49, s.4; 2013, c.103, s.133.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:8-9 - Notice of late claim

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 year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
L.1972, c.45, s.59:8-9; amended 1994,c.49,s.5.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:12-2 - Repealers

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, s. 26 (C. 40A:12-26).
N.J.S. 18A:20-35;
N.J.S. 38A:4-9;
N.J.S. 38A:4-10;
R.S. 53:1-22.
L.1972, c. 45, s. 59:12-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:12-3 - Prospective application of act

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 act are not affected by this act but shall continue to be governed by the law applicable thereto prior to the effective date of this act; provided however that this act shall apply to the suit presently pending between Willis and Department of Conservation and Economic Development, Superior Court, Docket No. L-9817-66.
L.1972, c. 45, s. 59:12-3.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-2 - Definitions

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 shall not include any such entity which is statutorily authorized to sue and be sued.
"Contracting agency" shall mean the appropriate agency of the State which is charged by law with the responsibility of awarding contracts.
"Accrual of claim" shall mean the date on which the claim arose and shall not be affected by the notice provisions contained herein.
L.1972, c. 45, s. 59:13-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-3 - Waiver of immunity from liability in contract

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 and consents to have the same determined in accordance with the rules of law applicable to individuals and corporations; provided, however, that there shall be no recovery against the State for punitive or consequential damages arising out of contract nor shall there be any recovery against the State for claims based upon implied warranties or upon contracts implied in law.
L.1972, c. 45, s. 59:13-3.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-4 - Jurisdiction in the New Jersey courts

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 contract, either express or implied in fact. Contract claims against the State shall be heard by a judge sitting without a jury. Except as otherwise expressly provided herein, all suits filed against the State under this chapter shall be in accordance with the rules governing the courts of the State of New Jersey.
L.1972, c. 45, s. 59:13-4.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-5 - Presentation and consideration of claims

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 may potentially result in the submission of a claim against the State. Except as otherwise provided in section 6, no notice of claim for breach of contract, either express or implied in fact, shall be filed with the contracting agency later than 90 days after the accrual of such claim. A notice of claim shall include the following information: the name of the claimant, the nature of the claim, specific reasons for making the claim, and the total dollar amount of the claim if known. After the expiration of 90 days from the date the notice of claim is received by the contracting agency, the claimant may file suit in a court of competent jurisdiction of the State of New Jersey.
In all contract claims against the State, the claimant shall be forever barred from recovering against the State if:
a. he fails to notify the appropriate contracting agency within 90 days of accrual of his claim except as otherwise provided in section 6 hereof; or
b. he fails to file suit within 2 years of accrual of his claims or within 1 year after completion of the contract giving rise to paid claim, whichever may be later; or
c. the claimant accepts personally or through his agent or legal representative any award, compromise or settlement made by the State of New Jersey.
L.1972, c. 45, s. 59:13-5.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-6 - Notice of late claim

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 discretion of a judge of the Superior Court of the State of New Jersey, be permitted to file such notice at any time within 1 year after the accrual of his claim provided that the State has not been substantially prejudiced thereby. Application to a judge of the superior court for permission to file a late notice of claim shall be made upon motion based upon affidavits setting forth sufficient reason for the failure to file his notice of claim within the period of time prescribed by section 6 of this chapter.
L.1972, c. 45, s. 59:13-6.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-7 - Arbitration statute unaffected

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 of N.J.S. 2A:24-1 et seq.
L.1972, c. 45, s. 59:13-7.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-8 - Interest on judgments

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, in its discretion, may award prejudgment interest on the whole or part of a judgment arising out of or relating to claims for the construction or installation of improvements to real property in accordance with principles of equity.
L.1972, c.45, s.59:13-8; amended 2001, c.202.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-9 - Payment of claims

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 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 any funds available to the department or other agency against which the claim was made. 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. 59:13-9.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:13-10 - Claims affected by this chapter

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 chapter; provided, however, that any law suits on such claims must be filed in a court of competent jurisdiction within 6 months of the effective date of this chapter or they shall be forever barred.
L.1972, c. 45, s. 59:13-10.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:14-2 - Severability

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, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the case in which said judgment shall have been rendered.
L.1972, c. 45, s. 59:14-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:14-3 - Appropriation

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 fiscal year ending June 30, 1973.
b. There is hereby appropriated to the Division of Law in the Department of Law and Public Safety the sum of $300,000.00 for use during the fiscal year ending June 30, 1973.
L.1972, c. 45, s. 59:14-3.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:14-4 - Effective date provision

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 prior to the said effective date as he deems appropriate.
b. Subtitle 2 and all other parts of this act shall take effect immediately.
L.1972, c. 45, s. 59:14-4, approved June 1, 1972.