Bill Text: NJ A647 | 2016-2017 | Regular Session | Introduced
Bill Title: Caps liability of public entities and public employees for compensatory, noneconomic losses in tort actions at $350,000.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [A647 Detail]
Download: New_Jersey-2016-A647-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
SYNOPSIS
Caps liability of public entities and public employees for compensatory, noneconomic losses in tort actions at $350,000.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the tort liability of public entities and public employees for compensatory, noneconomic losses, and amending N.J.S.59:2-1, N.J.S.59:2-2, and N.J.S.59:3-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.59:2-1 is amended to read as follows:
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 subject to any defenses that would be available to the public entity if it were a private person, and is subject to a limitation on compensatory damages for noneconomic losses so that the total amount recovered by an injured party for those losses shall not exceed $350,000. As used herein, "noneconomic losses" includes, but is not limited to, pain, suffering, inconvenience, loss of consortium, loss of society, physical or emotional impairment, disfigurement, and other nonpecuniary damage.
(cf: N.J.S.59:2-1)
2. N.J.S.59:2-2 is amended to read as follows:
59:2-2. Liability of public entity. a. [A] Subject to the limitations on liability set forth in N.J.S.59:2-1, 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 public employee where the public employee is not liable.
(cf: N.J.S.59:2-2)
3. N.J.S.59:3-1 is amended to read as follows:
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 defenses that would be available to the public employee if he were a private person , and is subject to a limitation on compensatory damages for noneconomic losses so that the total amount recovered by an injured party for those losses shall not exceed $350,000. As used herein, "noneconomic losses" includes, but is not limited to, pain, suffering, inconvenience, loss of consortium, loss of society, physical or emotional impairment, disfigurement, and other nonpecuniary damage.
c. A public employee is not liable for an injury where a public entity is immune from liability for that injury.
(cf: P.L.1994, c.49, s.1)
4. This act shall take effect immediately and apply to any cause of action against a public entity or public employee that accrues on or after the effective date.
STATEMENT
This bill would amend the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to establish a liability cap on claims brought against a public entity or public employee. The liability cap would provide that the total amount of compensatory, noneconomic losses recoverable by an injured party could not exceed $350,000. As set forth in the bill, "noneconomic losses" would include, but not be limited to, pain, suffering, inconvenience, loss of consortium, loss of society, physical or emotional impairment, disfigurement, and other nonpecuniary damage.
