Suing a Public Entity
New Jersey Statute ยง 59:8-1 - Tort Claim Act
The law restricts one's ability to sue the government or other public entity for injuries unless a person complies with certain requirements.
If a person is injured because of the wrong or negligent actions of a public entity, that person can only sue for injuries if:
- the injuries were caused by the wrongful act or lack of action by a public employee while working within job parameters; or
- the injury is caused by the dangerous condition of public property and that dangerous condition was known by the public entity to pose a reasonably foreseeable risk of injury; or
- the injury was caused by the failure to provide emergency signals, signs or warnings necessary to warn someone of an unsafe road or traffic situation; and
- A person must file a Notice of Claim with the public entity or Attorney General of the State within ninety days from the date of the injury.
If a person fails to file the Notice of Claim within the required period, that person may be prohibited from filing a lawsuit.
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