Negligence in New Jersey
State-specific overview · Tort Law
New Jersey applies comparative negligence and recognizes a "reasonable person" standard tailored to the defendant's actual knowledge and abilities.
How New Jersey treats Negligence
New Jersey permits recovery under comparative negligence principles, reducing damages by the plaintiff's percentage of fault but not barring recovery entirely. The state's courts have developed nuanced negligence standards that account for the defendant's individual capabilities and knowledge, departing somewhat from a purely objective "reasonable person" test. New Jersey generally applies a two-year statute of limitations for negligence actions. The state also recognizes certain premises liability duties and has specific rules governing negligent infliction of emotional distress claims.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Jersey.