N.J. Stat. tit. 59, ch. 1

in effect

N.J. Stat. § 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. 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 activity, the area within which government has the power to act for the public good is almost without limit and therefore government should not have the duty to do everything that might be done. Consequently, it is hereby declared to be the public policy of this State that public entities shall only be liable for their negligence within the limitations of this act and in accordance with the fair and uniform principles established herein. All of the provisions of this act should be construed with a view to carry out the above legislative declaration. L.1972, c. 45, s. 59:1-2.

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; or service, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey, as an emergency management volunteer or as a volunteer doing work for the Division of Parks and Forestry, the Division of Fish and Wildlife, or the New Jersey Natural Lands Trust, as authorized by the Commissioner of Environmental Protection, or for the New Jersey Historic Trust. "Enactment" includes a constitutional provision, statute, executive order, ordinance, resolution or regulation. "Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person. "Law" includes enactments and also the decisional law applicable within this State as determined and declared from time to time by the courts of this State and of the United States. "Public employee" means an employee of a public entity, and includes: a person participating, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey. "Public entity" includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State. "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. "State" also means the Palisades Interstate Park Commission, but only with respect to employees, property and activities within the State of New Jersey. "Statute" means an act adopted by the Legislature of this State or by the Congress of the United States. L.1972, c.45, s.59:1-3; amended 1980, c.104, s.11; 1987, c.259, s.5; 1994, c.58, s.64; 1995, c.383, s.4; 1997, c.199, s.4; 1999, c.152, s.58; 2005, c.155, s.104.

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. L.1972, c. 45, s. 59:1-4.

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. L.1972, c. 45, s. 59:1-5.

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. L.1972, c. 45, s. 59:1-6.

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. L.1972, c. 45, s. 59:1-7.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026