New_jersey Statute | Act | Code |Title 02a Administration Of Civil And Criminal Justice| US Code - US Statute

2A:15-5. Statutory proceedings; entitling; filing of papers; certified copies All statutory proceedings begun and conducted before a judge of any court, although not proceedings in the court itself, shall, nevertheless, be entitled in the court, and all writs, pleadings, orders, judgments and other papers therein shall be filed with the clerk and shall be records of his office. The clerk shall make certified copies of any or all of such statutory proceedings when requested, which shall have the same force and effect as certified copies of proceedings in causes in the court. 2A:15-5.1. Contributory negligence; elimination as bar to recovery; comparative negligence to determine damages Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, 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. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering. L.1973, c. 146, s. 1. Amended by L.1982, c. 191, s. 1, eff. Dec. 6, 1982. 2A:15-5.2. Findings of fact; percentage of fault; terms defined 2. a. In all negligence actions and strict liability actions in which the question of liability is in dispute, including actions in which any person seeks to recover damages from a social host as defined in section 1 of P.L.1987, c.404 (C.2A:15-5.5) for negligence resulting in injury to the person or to real or personal property, the trier of fact shall make the following as findings of fact: (1) The amount of damages which would be recoverable by the injured party regardless of any consideration of negligence or fault, that is, the full value of the injured party@s damages. (2) The extent, in the form of a percentage, of each party@s negligence or fault. The percentage of negligence or fault of each party shall be based on 100% and the total of all percentages of negligence or fault of all the parties to a suit shall be 100%. b. In an action in which a person seeks to recover damages from a social host for negligence resulting in injury to the person or to real or personal property, the negligence of any person in becoming intoxicated shall be considered by the trier of fact, and the trier of fact shall allocate a percentage of negligence to that person. c. As used in this section: (1) ~Negligence actions~ includes, but is not limited to, civil actions for damages based upon theories of negligence, products liability, professional malpractice whether couched in terms of contract or tort and like theories. In determining whether a case falls within the term ~negligence actions,~ the court shall look to the substance of the action and not the conclusory terms used by the parties. (2) ~Strict liability actions~ includes, but is not limited to, civil actions for damages based upon theories of strict liability, products liability, breach of warranty and like theories. In determining whether a case falls within the term ~strict liability actions,~ the court shall look to the substance of the action and not the conclusory terms used by the parties. d. The judge shall mold the judgment from the findings of fact made by the trier of fact. L.1973,c.146,s.2; amended amended 1987,c.325,s.1; 1987,c.404,s.4; 1995,c.140,s.1. 2A:15-5.3. Recovery of damages; apportionment among responsible parties 3. Except as provided in subsection d. of this section, the party so recovering may recover as follows: a. The full amount of the damages from any party determined by the trier of fact to be 60% or more responsible for the total damages. b. (Deleted by amendment, P.L.1995, c.140.) c. Only that percentage of the damages directly attributable to that party@s negligence or fault from any party determined by the trier of fact to be less than 60% responsible for the total damages. d. With regard to environmental tort actions, the following provisions shall apply: (1) the party so recovering may recover the full amount of the compensatory damage award from any party determined to be liable , except in cases where the extent of negligence or fault can be apportioned. Such apportionment shall be done in accordance with section 2 of P.L.1973, c.146 (C.2A:15-5.2); (2) in those cases where it is possible to apportion negligence or fault, if the party so recovering is unable to recover the percentage of compensatory damages attributable to a non-settling insolvent party@s negligence or fault, that amount of compensatory damages may be recovered from any non-settling party in proportion to the percentage of liability attributed to that party; and (3) notwithstanding the provisions of any other provision of law to the contrary, if the percentage of liability or fault of any party is found to be five percent or less, upon acceptance of that determination by that party and payment thereof in full, that party shall not be liable for any further claims for contribution regarding that action. e. Any party who is compelled to pay more than his percentage share may seek contribution from the other joint tortfeasors. f. As used in this section, ~environmental tort action~ means a civil action seeking damages for personal injuries or death where the cause of the damages is the negligent manufacture, use, disposal, handling, storage or treatment of hazardous or toxic substances. L.1973,c.146,s.3; amended 1987,c.325,s.2; 1995,c.140,s.2. 2A:15-5.4. Exceptions Nothing in this act shall be construed to apply to any action brought by the Department of Environmental Protection, or any other governmental agency or entity pursuant to the environmental laws of this State, including, but not limited to, the ~Solid Waste Management Act~ P.L.1970, c. 39 (C. 13:1E-1 et seq.); the ~Water Pollution Control Act~ P.L.1977, c. 74 (C. 58:10A-1 et seq.); the ~Spill Compensation and Control Act~ P.L.1976, c. 141 (C. 58:10-23.11 et seq.); the ~Major Hazardous Waste Facilities Siting Act~ P.L.1981, c. 279 (C. 13:1E-49 et seq.); the ~Sanitary Landfill Facility Closure and Contingency Fund Act~ P.L.1981, c. 306 (C. 13:1E-100 et seq.); the ~Environmental Cleanup Responsibility Act~ P.L.1983, c. 330 (C. 13:1K-6 et seq.); the ~Air Pollution Control Act (1954)~ P.L.1954, c. 212 (C. 26:2C-1 et seq.); the ~Toxic Catastrophe Prevention Act~ P.L.1985, c. 403 (C. 13:1K-19 et seq.); the ~Pesticide Control Act of 1971~ P.L.1971, c. 176 (C. 13:1F-1 et seq.); and the ~Radiation Protection Act~ P.L.1958, c. 116 (C. 26:2D-1 et seq.). L. 1987,c.325,s.3. 2A:15-5.5. Definitions As used in this act: ~Visibly intoxicated~ means a state of intoxication accompanied by a perceptible act or series of actions which present clear signs of intoxication. ~Social host~ means a person who, by express or implied invitation, invites another person onto an unlicensed premises for purposes of hospitality and who is not the holder of a liquor license for the premises and is not required to hold a liquor license for the premises under Title 33 of the Revised Statutes, and who legally provides alcoholic beverages to another person who has attained the legal age to purchase and consume alcoholic beverages. ~Vehicle~ means a device primarily propelled by a motor that is used to transport a person or property. ~Person~ means a natural person, the estate of a natural person, an association of natural persons, or an association, trust company, partnership, corporation, organization, or the manager, agent, servant, officer or employee of any of them. L. 1987, c. 404, s. 1. 2A:15-5.6. Exclusive civil remedy a. This act shall be the exclusive civil remedy for personal injury or property damage resulting from the negligent provision of alcoholic beverages by a social host to a person who has attained the legal age to purchase and consume alcoholic beverages. b. A person who sustains bodily injury or injury to real or personal property as a result of the negligent provision of alcoholic beverages by a social host to a person who has attained the legal age to purchase and consume alcoholic beverages may recover damages from a social host only if: (1) The social host willfully and knowingly provided alcoholic beverages either: (a) To a person who was visibly intoxicated in the social host@s presence; or (b) To a person who was visibly intoxicated under circumstances manifesting reckless disregard of the consequences as affecting the life or property of another; and (2) The social host provided alcoholic beverages to the visibly intoxicated person under circumstances which created an unreasonable risk of foreseeable harm to the life or property of another, and the social host failed to exercise reasonable care and diligence to avoid the foreseeable risk; and (3) The injury arose out of an accident caused by the negligent operation of a vehicle by the visibly intoxicated person who was provided alcoholic beverages by a social host. c. To determine the liability of a social host under subsection b. of this section, if a test to determine the presence of alcohol in the blood indicates a blood alcohol concentration of: (1) less than 0.10% by weight of alcohol in the blood, there shall be an irrebuttable presumption that the person tested was not visibly intoxicated in the social host@s presence and that the social host did not provide alcoholic beverages to the person under circumstances which manifested reckless disregard of the consequences as affecting the life or property of another; or (2) at least 0.10% but less than 0.15% by weight of alcohol in the blood, there shall be a rebuttable presumption, that the person tested was not visibly intoxicated in the social host@s presence and that the social host did not provide alcoholic beverages to the person under circumstances which manifested reckless disregard of the consequences as affecting the life or property of another. L. 1987, c. 404, s. 2. 2A:15-5.7. No liability to consumer No social host shall be held liable to a person who has attained the legal age to purchase and consume alcoholic beverages for damages suffered as a result of the social host@s negligent provision of alcoholic beverages to that person. L. 1987, c. 404, s. 3. 2A:15-5.8. Joint tortfeasors Notwithstanding the provisions of P.L. 1952, c. 335 (C. 2A:53A-1 et seq.), section 3 of P.L. 1973, c. 146 (C. 2A:15-5.3) or any other law to the contrary, in any case where a social host or any other party to a suit instituted pursuant to the provisions of this act is determined to be a joint tortfeasor, the social host or other party shall be responsible for no more than that percentage share of the damages which is equal to the percentage of negligence attributable to the social host or other party. L. 1987, c. 404, s. 5. 2A:15-5.9. Short title 1. This act shall be known and may be cited as the ~Punitive Damages Act.~ L.1995,c.142,s.1. 2A:15-5.10. Definitions relative to punitive damages awards. 2. As used in this act: ~Actual malice~ means an intentional wrongdoing in the sense of an evil-minded act. ~Clear and convincing evidence~ means that standard of evidence which leaves no serious or substantial doubt about the correctness of the conclusions drawn from the evidence. It is a standard which requires more than a preponderence of evidence, but less than beyond a reasonable doubt, to draw a conclusion. ~Compensatory damages~ means damages intended to make good the loss of an injured party, and no more. The term includes general and special damages and does not include nominal, exemplary or punitive damages. ~Defendant~ means any party against whom punitive damages are sought. ~Nominal damages~ are damages that are not designed to compensate a plaintiff and are less than $500. ~Plaintiff~ means any party claiming punitive damages. ~Punitive damages~ includes exemplary damages and means damages awarded against a party in a civil action because of aggravating circumstances in order to penalize and to provide additional deterrence against a defendant to discourage similar conduct in the future. Punitive damages do not include compensatory damages or nominal damages. ~Wanton and willful disregard~ means a deliberate act or omission with knowledge of a high degree of probability of harm to another and reckless indifference to the consequences of such act or omission. L.1995,c.142,s.2. 2A:15-5.11. Punitive damages requested in complaint 3. An award of punitive damages must be specifically prayed for in the complaint. L.1995,c.142,s.3. 2A:15-5.12. Award of punitive damages; determination 4. a. Punitive damages may be awarded to the plaintiff only if the plaintiff proves, by clear and convincing evidence, that the harm suffered was the result of the defendant@s acts or omissions, and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions. This burden of proof may not be satisfied by proof of any degree of negligence including gross negligence. b. In determining whether punitive damages are to be awarded, the trier of fact shall consider all relevant evidence, including but not limited to, the following: (1) The likelihood, at the relevant time, that serious harm would arise from the defendant@s conduct; (2) The defendant@s awareness of reckless disregard of the likelihood that the serious harm at issue would arise from the defendant@s conduct; (3) The conduct of the defendant upon learning that its initial conduct would likely cause harm; and (4) The duration of the conduct or any concealment of it by the defendant. c. If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then determine the amount of those damages. In making that determination, the trier of fact shall consider all relevant evidence, including, but not limited to, the following: (1) All relevant evidence relating to the factors set forth in subsection b. of this section; (2) The profitability of the misconduct to the defendant; (3) When the misconduct was terminated; and (4) The financial condition of the defendant. L.1995,c.142,s.4. 2A:15-5.13. Bifurcated trial at defendant@s request 5. a. Any actions involving punitive damages shall, if requested by any defendant, be conducted in a bifurcated trial. b. In the first stage of a bifurcated trial, the trier of fact shall determine liability for compensatory damages and the amount of compensatory damages or nominal damages. Evidence relevant only to the issues of punitive damages shall not be admissible in this stage. c. Punitive damages may be awarded only if compensatory damages have been awarded in the first stage of the trial. An award of nominal damages cannot support an award of punitive damages. d. In the second stage of a bifurcated trial, the trier of fact shall determine if a defendant is liable for punitive damages. e. In any action in which there are two or more defendants, an award of punitive damages must be specific as to a defendant, and each defendant is liable only for the amount of the award made against that defendant. L.1995,c.142,s.5. 2A:15-5.14 Determination of award; limitations; exceptions. 6. a. Before entering judgment for an award of punitive damages, the trial judge shall ascertain that the award is reasonable in its amount and justified in the circumstances of the case, in light of the purpose to punish the defendant and to deter that defendant from repeating such conduct. If necessary to satisfy the requirements of this section, the judge may reduce the amount of or eliminate the award of punitive damages. b. No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that defendant for compensatory damages or $350,000, whichever is greater. c. The provisions of subsection b. of this section shall not apply to causes of action brought pursuant to P.L.1993, c.137 (C.2A:53A-21 et seq.), P.L.1945, c.169 (C.10:5-1 et seq.), P.L.1989, c.303 (C.26:5C-5 et seq.), P.L.1992, c.109 (C.2A:61B-1) or P.L.1986, c.105, (C.34:19-1 et seq.), or in cases in which a defendant has been convicted pursuant to N.J.S.2C:11-3, N.J.S.2C:11-4, R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) or the equivalent under the laws of any other jurisdiction. L.1995,c.142,s.6; amended 2005, c.323; 2005, c.329, s.3. 2A:15-5.15. Claims under existing law 7. Nothing contained in this act is to be construed as creating any claim for punitive damages which is not now available under the law of this State. L.1995,c.142,s.7. 2A:15-5.16. Jury not informed of cap 9. The jury shall not be informed of the cap on punitive damages established by section 6 of this act. L.1995,c.142,s.9. 2A:15-5.17. Record referred for criminal investigation 10. Upon the conclusion of any action in which punitive damages have been awarded, the court shall refer the record of that action to the prosecutor of the county in which the case was tried and to the Attorney General for investigation as to whether a criminal act has been committed by the defendant. L.1995,c.142,s.10.

Usa-new Jersey Law Firm / Lawyers Services Provided in Usa-new Jersey :

Usa-new Jersey Divorce Laws, custody, Usa-new Jersey Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-new Jersey Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-new Jersey Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-new Jersey, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-new Jersey, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-new Jersey Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-new Jersey

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.