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| NEW JERSEY |
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Negligence / Personal Injury
2 Years2 years with Discovery Rule
NOTE: New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations.
Products Liability
2 Years2 years with Discovery Rule
NOTE: New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations.
SOR, however, is 12 years from manufacture and sale.
Wrongful Death
2 Years2 years with Discovery Rule, provided that normal limitation for personal injury has not run before death. Minor from birth: until age 12. No SOL if death caused by murder or manslaughter.
NOTE: New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations.
Medical Malpractice
2 Years2 years with Discovery Rule
Occupational Disease Discovery Rule
Applies to latent injuries which are occupation related.
Municipalities
Notice of claim must be filed within 90 days of occurrence. Suit may be filed after 6 months from date of notice of claim but maximum of 7 years from accrual of claim.
Intentional Torts
1 Year 1 year
Discovery Rule
N.J. follows standard discovery rule.
Disabilities
For infancy (18th birthday), incompetence, or insanity, statute does not run until removal of disability.
Charitable Immunity
Remains in effect in certain situations and is limited in amount in others. Therefore, specific statutes should be consulted.
Comparative Negligence
Applies, unless plaintiff’s negligence is greater than 50%.
Sovereign Immunity
Public entity is generally subject to tort liability for acts or omissions of the entity or public employees acting within scope of employment. However, some exceptions still exist.
Punitive Damages
Common law rules apply.
Consumer Fraud Complaint
New Jersey Division of Consumer Affairs
(973) 504-6200 (Consumer Hotline)
(800) 242-5846 (toll-free in New Jersey) |
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