New Jersey Tort Claims Act

What is the Tort Claims Act?

The New Jersey Tort Claims Act, N.J.S.A. 59:1-1 and following, governs claims against public entities and their employees. It represents a partial waiver of the sovereign immunity that once barred such claims entirely.

Waiver rather than elimination is the key concept. The state agreed to allow certain claims while retaining substantial protections that do not apply to private defendants.

It covers the state itself, counties, municipalities, school districts, public authorities and their employees acting within the scope of employment.

The Act reshapes nearly every aspect of a claim once a public entity is involved, from the earliest deadline through the standard applied to the merits.

What deadline does it impose?

A notice of claim must be served on the public entity within 90 days of the incident, dramatically shorter than the two year statute of limitations for ordinary negligence.

Late notice may be permitted in limited circumstances with court approval, but that relief is not something to rely on. The 90 day period should be treated as a hard deadline.

Missing it, absent that narrow relief, generally bars the claim entirely regardless of its underlying merit.

What substantive protections apply?

Beyond the notice deadline, several features distinguish these claims from ordinary negligence suits.

• A verbal threshold-like injury requirement for certain claims against public entities
• Specific immunities for discretionary governmental decisions
• Different treatment of dangerous condition of public property claims
• Caps and limitations affecting certain categories of damages
• Different rules for claims against public employees personally

What kinds of claims arise?

Dangerous condition of public property, such as a defective sidewalk, roadway hazard or building defect on government owned land.

Negligent operation of a government vehicle, including police, fire, and public transit vehicles such as NJ Transit buses and trains.

Negligent supervision or security at public schools, parks and facilities, subject to the Act's specific immunities.

Common questions

How do I know if I am dealing with a public entity?

Municipalities, counties, the state, school districts, public authorities and their employees generally qualify. Identifying the correct entity and its structure should happen immediately given the 90 day deadline.

What if I missed the 90 day deadline?

Late notice may be permitted in narrow circumstances with court approval, but this should never be relied upon. Treat the 90 days as an absolute deadline.

Does the Act apply to a private contractor working for the government?

It depends on the contractor's relationship to the public entity and the specific claim. This is a fact specific question worth resolving early.