N.J. Stat. tit. 59, ch. 3

in effect

N.J. Stat. § 59:3-1 Liability generally

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. c. A public employee is not liable for an injury where a public entity is immune from liability for that injury. L.1972, c.45, s.59:3-1; amended 1994,c.49,s.1.

N.J. Stat. § 59:3-2 Discretionary activities

a. A public employee is not liable for an injury resulting from the exercise of judgment or discretion vested in him; b. A public employee is not liable for legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature; c. A public employee is not liable for the exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services; d. A public employee is not liable for the exercise of discretion when, in the face of competing demands, he determines whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public employee was palpably unreasonable. Nothing in this section shall exonerate a public employee for negligence arising out of his acts or omissions in carrying out his ministerial functions. L.1972, c. 45, s. 59:3-2.

N.J. Stat. § 59:3-3 Execution or enforcement of laws

A public employee is not liable if he acts in good faith in the execution or enforcement of any law. Nothing in this section exonerates a public employee from liability for false arrest or false imprisonment. L.1972, c. 45, s. 59:3-3.

N.J. Stat. § 59:3-4 Acting under unconstitutional, invalid or inapplicable laws

If a public employee acts under the apparent authority of a law that is unconstitutional, invalid or inapplicable, he is not liable for an injury caused thereby except to the extent that he would have been liable had the law been constitutional, valid and applicable. L.1972, c. 45, s. 59:3-4.

N.J. Stat. § 59:3-5 Adoption or failure to adopt or enforce any law

A public employee is not liable for an injury caused by his adoption of or failure to adopt any law or by his failure to enforce any law. L.1972, c. 45, s. 59:3-5.

N.J. Stat. § 59:3-6 Issuance, denial, suspension or revocation of permit, license, etc.

A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where he is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked. L.1972, c. 45, s. 59:3-6.

N.J. Stat. § 59:3-7 Failure to inspect, or negligent inspection of, property

A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property; provided, however, that nothing in this section shall exonerate a public employee from liability for negligence during the course of, but outside the scope of, any inspection conducted by him, nor shall this section exonerate a public employee from liability for failure to protect against a dangerous condition as provided in chapter 4. L.1972, c. 45, s. 59:3-7.

N.J. Stat. § 59:3-8 Institution or prosecution of judicial or administrative proceeding

A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment. L.1972, c. 45, s. 59:3-8.

N.J. Stat. § 59:3-9 Entry upon property

A public employee is not liable for his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing in this section exonerates a public employee from liability for an injury proximately caused subsequent to such entry by his own negligent or wrongful act or omission. L.1972, c. 45, s. 59:3-9.

N.J. Stat. § 59:3-10 Misrepresentation

A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation. L.1972, c. 45, s. 59:3-10.

N.J. Stat. § 59:3-11 Recreational facilities

A public employee is not liable for the failure to provide supervision of public recreational facilities. Nothing in this section exonerates a public employee for negligence in the supervision of a public recreational facility. L.1972, c. 45, s. 59:3-11.

N.J. Stat. § 59:3-12 Public assistance programs--termination of benefits

A public employee is not liable for damages resulting from the termination or reduction of benefits under a public assistance program. L.1972, c. 45, s. 59:3-12.

N.J. Stat. § 59:3-13 Slander of title

A public employee is not liable for his acts or omissions resulting in a slander on the title of any property. L.1972, c. 45, s. 59:3-13.

N.J. Stat. § 59:3-14 Public employee immunity--exception

a. Nothing in this act shall exonerate a public employee from liability if it is established that his conduct was outside the scope of his employment or constituted a crime, actual fraud, actual malice or willful misconduct. b. Nothing in this act shall exonerate a public employee from the full measure of recovery applicable to a person in the private sector if it is established that his conduct was outside the scope of his employment or constituted a crime, actual fraud, actual malice or willful misconduct. L.1972, c. 45, s. 59:3-14.

N.J. Stat. § 59:3-15 Immunity from liability for certain professional services under certain circumstances.

1. Notwithstanding any other provision of law to the contrary and except as provided in P.L.2014, c.53 (C.59:3-15 et seq.), an architect licensed pursuant to R.S.45:3-1 et seq. or a professional engineer licensed pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) shall not be personally liable for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission while practicing architecture or engineering, respectively, if the practice of architecture or engineering was performed: a. voluntarily and without compensation; b. at the request of a public safety official, acting in an official capacity; and c. at the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event, during or within 90 days following the emergency, or for any extended period as determined by executive order issued by the Governor under the Governor's emergency executive powers. For purposes of the New Jersey Tort Claims Act, N.J.S.59:1-1 et seq., an architect or engineer entitled to immunity under this section shall be considered an employee of the public entity on whose behalf the public safety official requested that the architect or engineer perform the practice of architecture or engineering. Nothing in P.L.2014, c.53 (C.59:3-15 et seq.) shall be construed to provide such architect or engineer with any right or entitlement to workers' compensation from such public entity. As used in this section: "Public safety official" means any appointed or elected federal, State, or local official with executive responsibility to coordinate public safety or law enforcement in the jurisdiction in which the emergency has occurred. "Employee" shall have the meaning ascribed to it in N.J.S.59:1-3. L.2014, c.53, s.1.

N.J. Stat. § 59:3-16 Immunity protection not provided under certain circumstances.

2. An architect or professional engineer shall not be considered an employee of a public entity pursuant to N.J.S.59:1-1 et seq. and shall not have the immunity protection provided by section 1 of this act if: a. the architect or professional engineer, or a private entity for which the architect or engineer is employed, has any existing contract for services with the public entity, other than the State of New Jersey, whose public safety officer made the request for architectural or engineering services provided under section 1 of this act; b. the architect or professional engineer, or a private entity for which the architect or engineer is employed, enters into any contract for services that involve the performance of any additional architectural or engineering services related to the voluntary, uncompensated services performed for the public entity whose public safety officer made the request for architectural or engineering services provided under section 1 of this act; or c. the act or omission by the architect or engineer involves actual fraud, actual malice, willful misconduct or an intentional wrong. L.2014, c.53, s.2.

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