How does comparative fault work in New Jersey?
1. Negligence Elements. New Jersey negligence requires duty, breach, proximate cause, and damages (Weinberg v. Dinger, 106 N.J. 469). Duty analysis weighs foreseeability and fairness factors (Hopkins v. Fox & Lazo).
2. Comparative Fault Regime. N.J.S.A. 2A:15-5.1: "Contributory negligence shall not bar recovery in an action by any person... if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought." Greater than 50% bars; ≤50% reduces proportionally.
3. Joint and Several Liability. N.J.S.A. 2A:15-5.3 (1995 amendment): a defendant 60% or more responsible is jointly and severally liable for full damages; 20-59% liable for full economic damages and proportionate noneconomic; less than 20% liable only for its proportionate share. Environmental tort and intentional acts preserve J&S.
4. Last Clear Chance / Sudden Emergency. Last clear chance abolished by comparative fault adoption. Sudden emergency persists as Model Jury Charge 5.30D.
5. Settling Tortfeasors. Joint Tortfeasors Contribution Law (N.J.S.A. 2A:53A-1). Young v. Latta, 123 N.J. 584 established credit rules: a Ciluffo/Young settlement is credited based on settling party's percentage of fault if pleaded; otherwise pro rata.
6. Statute of Repose vs SOL. Personal injury SOL is 2 years (N.J.S.A. 2A:14-2). Med-mal is 2 years with discovery rule. Construction repose is 10 years (§ 2A:14-1.1). Product liability has no statutory repose but uses discovery rule.
7. Caps. No general noneconomic cap. Punitive damages capped at greater of $350,000 or 5× compensatory under Punitive Damages Act (N.J.S.A. 2A:15-5.14). Charitable Immunity Act caps nonprofit hospital liability at $250,000 (§ 2A:53A-8).
8. Wrongful Death Comparative. N.J.S.A. 2A:31 wrongful death applies § 2A:15-5.1; decedent's fault reduces or bars recovery.
9. Worker Injuries. WC Act (N.J.S.A. 34:15-8) exclusive remedy with intentional wrong exception (Laidlow v. Hariton Mach., 170 N.J. 602). Third-party suits use § 2A:15-5.1.
This is legal information, not legal advice.
- Multi-defendant case where § 2A:15-5.3 J&S threshold tiers will determine collectibility
- Workplace injury potentially within Laidlow intentional wrong exception
- Charitable hospital med-mal subject to § 2A:53A-8 cap
- N.J.S.A. 2A:15-5.1
- N.J.S.A. 2A:15-5.3
- N.J.S.A. 2A:53A-1
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.