New Jersey Negligence Lawyer
Negligence in New Jersey
Proving negligence typically involves 5 elements, listed below:
The defendant owed a duty of care towards the injured party;
This duty of care was breached;
That without the breach of duty occurring, the injuries would not have resulted;
The resulting harm directly and proximately caused the injuries
Damages proved as a result of the injuries.
Steven P. Lombardi, Esq
Contributory Negligence rules in New Jersey
New Jersey is one of a number of states which have adopted a form of the comparative negligence rule. Under the comparative negligence doctrine, a plaintiff may recover if his/her negligence contributed to the damages provided their negligence was not greater than the party or parties against whom recovery is sought (not greater than 50%). However, the damages to which an injured party would be entitled will be diminished by the percentage of negligence attributable to the recovering party. N.J.S.A. 2A:15-5.1 et. seq. The purpose of the comparative negligence statute was to eliminate the harsh doctrine of contributory negligence which bars any recovery to a plaintiff if his/her own negligence contributed to the injury – regardless of how great or how slight the contributory negligence was.
Further, the New Jersey Joint Tortfeasor Act allows a plaintiff to recover the full amount of damages from any joint tortfeasor determined to be 60% or more responsible for the total damages. N.J.S.A. 2A:15-5.3(a) In the alternative, any party found to be less than 60% responsible for the total damages is only responsible for the percentage of damages attributable to that party. N.J.S.A. 2A:15-5.3(c) In the event a party is required to pay more than his share of the damage award in accordance with the Joint Tortfeasors Act, he/she may seek contribution from the other joint tortfeasors for the excess over his/her pro rata share. N.J.S.A. 2A:53A-3.
Law Office of
Steven P. Lombardi
318 Main Street
Suite 101 B
Millburn, NJ 07041
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MONMOUTH COUNTY OFFICE
Atlantic Highlands NJ 07716
Appointments on scheduling