N.J. Stat. tit. 59, ch. 2

N.J. Stat. tit. 59, ch. 2
in effect

N.J. Stat. § 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. L.1972, c. 45, s. 59:2-1.

N.J. Stat. § 59:2-1.1 Immunity from liability for certain civil actions arising from roadway solicitations

2. Notwithstanding any provisions of law to the contrary, a municipality, a county or the State shall not be liable in any civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of roadway solicitations for the purpose of soliciting contributions, conducted by charitable organizations, as defined pursuant to section 3 of P.L.1994, c.16 (C.45:17A-20), pursuant to R.S.39:4-60. L.1997,c.82,s.2.

N.J. Stat. § 59:2-1.2 Immunity from liability for public entities, employees for damages resulting from computer failure in certain circumstances.

1. Notwithstanding any provision of law to the contrary, a public entity, public employee, bi-state governmental entity of which the State of New Jersey is a member, or an employee of such an entity, shall not be liable in any civil action for damages resulting from or caused directly or indirectly by the failure of computer hardware or software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort or otherwise process dates or times. L.1999,c.287,s.1.

N.J. Stat. § 59:2-1.3 Liability for public entity, employee.

7. a. Notwithstanding any provision of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to the contrary: (1) immunity from civil liability granted by that act to a public entity or public employee shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a person, which was caused by a willful, wanton, or grossly negligent act of the public entity or public employee; and (2) immunity from civil liability granted by that act to a public entity shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a minor under the age of 18, which was caused by the negligent hiring, supervision, or retention of any public employee. b. Every action at law involving a public entity or public employee as described in subsection a. of this section shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a), and may be brought during the two-year period set forth in subsection a. of section 9 of P.L.2019, c.120 (C.2A:14-2b), notwithstanding that the action would otherwise be barred through application of the statute of limitations. c. The recovery limits set forth under subparagraph (a) of paragraph (2) of subsection d. of N.J.S.59:9-2 shall not apply to an action at law filed pursuant to this section. L.2019, c.120, s.7; amended 2019, c.239; 2025, c.29, s.1.

N.J. Stat. § 59:2-2 Liability of public entity

a. 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. L.1972, c. 45, s. 59:2-2.

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

a. A public entity is not liable for an injury resulting from the exercise of judgment or discretion vested in the entity; b. A public entity is not liable for legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature; c. A public entity 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 entity is not liable for the exercise of discretion when, in the face of competing demands, it 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 entity was palpably unreasonable. Nothing in this section shall exonerate a public entity for negligence arising out of acts or omissions of its employees in carrying out their ministerial functions. L.1972, c. 45, s. 59:2-3.

N.J. Stat. § 59:2-4 Adoption or failure to adopt or enforce a law

A public entity is not liable for any injury caused by adopting or failing to adopt a law or by failing to enforce any law. L.1972, c. 45, s. 59:2-4.

N.J. Stat. § 59:2-5 Issuance, denial, suspension or revocation of permit, license, etc.

A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or public employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked. L.1972, c. 45, s. 59:2-5.

N.J. Stat. § 59:2-6 Failure to inspect, or negligent inspection of, property

A public entity is not liable for injury caused by its 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 entity from liability for negligence during the course of, but outside the scope of, any inspection conducted by it, nor shall this section exonerate a public entity from liability for failure to protect against a dangerous condition as provided in chapter 4. L.1972, c. 45, s. 59;2-6.

N.J. Stat. § 59:2-7 Recreational facilities

A public entity is not liable for failure to provide supervision of public recreational facilities; provided, however, that nothing in this section shall exonerate a public entity from liability for failure to protect against a dangerous condition as provided in chapter 4. L.1972, c. 45, s. 59:2-7.

N.J. Stat. § 59:2-8 Public assistance programs--termination of benefits

A public entity is not liable for injuries caused by the termination or reduction of benefits under a public assistance program. L.1972, c. 45, s. 59:2-8.

N.J. Stat. § 59:2-9 Slander of title

A public entity is not liable for its acts or omissions resulting in a slander on the title of any property. L.1972, c. 45, s. 59:2-9.

N.J. Stat. § 59:2-10 Public employee conduct--limitation on entity liability

A public entity is not liable for the acts or omissions of a public employee constituting a crime, actual fraud, actual malice, or willful misconduct. L.1972, c. 45, s. 59:2-10.

N.J. Stat. § 59:2-11 Actions of public entity; immunity.

8. The action or inaction by a public entity or public employee when promulgating, amending or supplementing the roster of personalized handguns that may be sold in this State pursuant to P.L.2019, c.164 (C.2C:58-2.7 et al.) shall not constitute a representation, warranty or guarantee by any public entity or employee with regard to the safety, use or any other aspect or attribute of a personalized handgun. An action to recover damages shall not arise or be brought against any public entity or public employee for any action or inaction related to or in connection with the roster of personalized handguns established pursuant to section 2 of P.L.2019, c.164 (C.2C:58-2.8). L.2002, c.130, s.8; amended 2019, c.164, s.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026