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  • NJ A4042
  • Clarifies notice requirements for third party claims under the "New Jersey Tort Claims Act."
In Committee
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
Under N.J.S.59:8-8 of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., a claim against a public entity relating to a cause of action for death or for injury or damage to person or to property is required to be filed 90 days after accrual of the cause of action. If a party fails to file a claim with the public entity within the 90 days, then the party is barred from recovering against a public entity. This bill amends N.J.S.59:8-8 to clarify that a plaintiff or defendant in the original action may bring a third party claim upon a public entity not a party to the action not later than the 90th day after presenting the original notice of claim. In addition, the bill amends N.J.S.59:8-9 concerning notice of late claims to make that provision applicable to third party claimants. Specifically, N.J.S.59:8-9 provides that a late claim may be filed up to one year after the accrual of the claim provided that the public entity has not been substantially prejudiced by the late filing.
Introduced, Referred to Assembly Judiciary Committee  (on 7/21/2016)
Date Chamber Action Description
7/21/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified