Bill Text: NJ S3094 | 2010-2011 | Regular Session | Introduced
Bill Title: Renders public entity not liable for injury caused by condition of sidewalk in certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-11-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3094 Detail]
Download: New_Jersey-2010-S3094-Introduced.html
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen)
SYNOPSIS
Renders public entity not liable for injury caused by condition of sidewalk in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning public sidewalks and amending N.J.S.59:4-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.59:4-2 is amended to read as follows:
59:4-2. [A] Except as provided in subsection c. of this section, a public entity is liable for injury caused by a condition of its property if the plaintiff establishes that the property was in dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:
a. a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or
b. a public entity had actual or constructive notice of the dangerous condition under section 59:4-3 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
c. A public entity is not liable for an injury caused by the condition of a sidewalk if the public entity can demonstrate that, at the time the injury was received, there was a law or ordinance in effect holding a property owner within the jurisdiction of the public entity responsible for the maintenance and repair of the sidewalk and liable for any injury caused by the condition of the sidewalk.
Nothing in this section shall be construed to impose liability upon a public entity for a dangerous condition of its public property if the action the entity took to protect against the condition or the failure to take such action was not palpably unreasonable.
(cf: N.J.S.59:4-2)
2. This act shall take effect immediately.
STATEMENT
This bill provides that a public entity would not be liable for an injury caused by the condition of a sidewalk if the public entity can demonstrate that, at the time the injury was received, there was a law or ordinance in effect holding a property owner within the jurisdiction of the public entity responsible for the maintenance and repair of the sidewalk and liable for any injury caused by the condition of the sidewalk.
