New Jersey Negligence Laws

Whether you were in a car accident on the New Jersey Turnpike or slipped on a wet floor at a store in Newark, an unexpected injury can turn your life upside down. If someone else’s carelessness caused your harm, you may be able to seek compensation through a personal injury claim based on negligence.

But what does “negligence” mean, and how does New Jersey law handle situations where both parties might be partially at fault?

This article explains the key elements of a negligence claim in New Jersey, how the state’s comparative fault rule works, and what it means for your ability to recover damages. Understanding these rules is the first step, but a local personal injury attorney can help you apply them to your specific case.

What Is Negligence?

In legal terms, negligence is the failure to act with the level of care that a reasonable person would have used in the same situation. If a person’s or business’s actions fall below this standard of care and cause injury to someone else, they can be held legally responsible.

To win a personal injury lawsuit based on negligence, the injured person (the plaintiff) must prove four key elements:

• Duty of care: The defendant had a legal duty to act with reasonable care.
• Breach of duty: The defendant failed to meet that duty through their actions or inaction.
• Causation: This breach directly caused your injuries.
• Damages: You suffered actual harm, such as physical injuries, lost wages, or property damage.

But when do you owe someone a duty of care? New Jersey personal injury attorney Neil Honschke of Fedele & Honschke Attorneys at Law, LLC explains:

“In New Jersey, whether a person or business owes someone a ‘duty of care‘ comes down to two main issues: the relationship between them and whether an ordinary person could have reasonably foreseen the danger.

For example, a store owes a duty to its customers. The store has a duty to keep its property safe because it’s reasonably foreseeable that a dangerous condition on its property could injure its customers.”

What Happens If I’m Partially at Fault?

Even if another person was negligent, the role you played in causing the accident is also important. In a personal injury claim, the judge or jury must determine whether the injured person contributed to their own harm.

For example, let’s say one driver was speeding, but the person they hit was texting while driving. The court will assign a percentage of fault to each party based on the evidence.

How this shared fault affects your damage award (ability to recover money) depends on state law. States typically use one of three systems:

• Pure contributory negligence: If the plaintiff is found to be at all at fault, even 1%, they are barred from recovering any damages. Only a few states follow this strict rule.
• Pure comparative negligence: A plaintiff can recover damages even if they are 99% at fault, but their award is reduced by their percentage of fault.
• Modified comparative negligence: A plaintiff can only recover damages if their percentage of fault is under a certain threshold—either 50% or 51%, depending on the state.

The fault percentages in a personal injury case are findings of fact. This means they’re established by evidence like witness statements, accident reconstruction, police reports, and expert testimony.

New Jersey’s Modified Comparative Negligence Rule

New Jersey’s comparative negligence law, N.J.S.A. 2A:15-5.1, establishes a “51% bar rule.” This means you can recover damages as long as your share of the fault is not greater than the fault of the person you are suing. In other words, your percentage of fault must be 50% or less.

Honschke explains:

“A plaintiff can still recover damages for injuries suffered in an accident, as long as they were 50% or less responsible for the accident itself. The percentage of negligence attributed to each party can be ultimately decided by a jury following a complete trial of the facts. More often, the percentage of liability is usually agreed upon by the parties’ representatives, lawyers/insurance adjusters, after lengthy negotiations relying upon the evidence discovered during their investigations.

For example, if the dispute is over which driver passed a red light causing an accident, a jury can decide how to attribute responsibility between the drivers, or the drivers’ representatives can agree upon a split of liability, for instance, 50/50. The injured party then only receives 50% of what the parties agree is the financial value of the injuries suffered.”

Ordinary Negligence vs. Gross Negligence

You may have heard the term “gross negligence,” which is different from the simple carelessness involved in most accidents. Honschke clarifies the difference:

“In New Jersey, the line between ordinary negligence and gross negligence is the difference between a simple mistake, or lapse in judgment, that causes an injury and a reckless disregard for the safety of others, leading to injury.

For example, ordinary negligence is a common mistake like missing a stop sign; gross negligence, on the other hand, involves an extreme lack of even ‘slight care.’ Gross negligence can significantly increase a claim’s value by infuriating a jury or by allowing the injured party to pursue punitive damages designed to punish the wrongdoer in addition to compensating the victim.”

Common Personal Injury Claims and What You Can Recover

Negligence is the foundation for most personal injury claims. If you can prove the four elements, you may have a case. Common types of claims include:

• Car accidents
• Medical malpractice
• Product liability
• Premises liability (often called “slip and fall” claims)
• Wrongful death

It is critical to act quickly if you’re considering a personal injury lawsuit. Under New Jersey’s statute of limitations, you have two years from the date of the injury to file a claim in court. If you miss this deadline, you will lose your right to seek compensation.

If your claim is successful, you may be awarded damages to compensate you for your losses. These can include:

• Economic damages: Compensation for financial losses like medical bills, lost income, and repair costs.
• Non-economic damages: Compensation for non-financial harm like pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages: As mentioned earlier, these are rare and only awarded in cases involving gross negligence or intentional misconduct to punish the wrongdoer.

Get Legal Help With Your New Jersey Negligence Claim

Navigating a personal injury claim can be complex, especially when dealing with New Jersey’s 51% comparative negligence rule. An experienced attorney can help gather evidence, negotiate with insurance companies, and ensure your rights are protected. If you have been injured and believe someone else is at fault, contact a qualified New Jersey injury attorney to discuss your case and explore your legal options.