NEW JERSEY

Note

New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations. 

Fraud
6 Years Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in sections 2A:14-2 and 2A:14-3 of this Title, or for recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued. N.J. Stat. Ann. § 2A:14-1
Toxic Tort
2 Years Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday. N.J. Stat. Ann. § 2A:14-2

[B]efore a toxic-tort-case plaintiff may be deemed, in a “discovery rule” context, to have the requisite state of knowledge that would trigger the running of the statute of limitations[,] his impression of the nature of the injury and of its cause must have some reasonable medical support [, therefore,] we are convinced that defendants were not entitled to summary judgment. We hasten to add that we do not insist on medical confirmation as such: a physician's willingness to include chemical poisoning in the differential diagnosis would probably suffice, as would any other reasonably reliable source of information. Lapka v. Porter Hayden Co., 162 N.J. 545, 564-65, 745 A.2d 525, 535-36 (2000); See also Vispisiano v. Ashland Chemical Co., 107 N.J. 416, 527 A.2d 66 (1987)
Negligence / Personal Injury
2 Years with Discovery Rule.
Wrongful Death
2 Years Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter, provided, however, that if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent, the action may be brought at any time. N.J. Stat. Ann. § 2A:31-3
Medical Malpractice
1 Year Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday. N.J. Stat. Ann. § 2A:14-2

Under discovery rule, two-year limitations period for medical malpractice action begins to run when patient's suspicions ripen into knowledge that her injuries “may be” attributable to physician's faulty treatment, not at later date on which patient receives expert opinion that physician's conduct amounts to malpractice. N.J.S.A. 2A:14–2. Brizak v. Needle 239 N.J.Super. 415, 571 A.2d 975 N.J.Super.A.D.,1990. March 16, 1990
Medical malpractice action is governed by the two-year statute of limitations. McGrogan v. Till, 327 N.J.Super. 595, 744 A.2d 255 (A.D.2000), certification granted 165 N.J. 132, 754 A.2d 1209, affirmed as modified 167 N.J. 414, 771 A.2d 1187
Products Liability
2 Years

Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within 2 years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday. N.J. Stat. Ann. § 2A:14-2

 Discovery:

In a product liability action, a cause of action generally accrues for statute of limitations purposes on the date of injury. N.J.S.A. 2A:14–2.
In a product liability action, a cause of action generally accrues for statute of limitations purposes on the date of injury. Cornett v. Johnson & Johnson, 211 N.J. 362, 48 A.3d 1041 (2012). Discovery rule did not preserve patient's products liability action against manufacturers and distributors of contrast medium used in myelograms for failing to warn that their contrast medium could cause arachnoiditis, even if patient filed action within two years after treating physician wrote letter confirming that patient suffered from arachnoiditis; patient himself testified that what he heard about arachnoiditis and contrast medium on television show nearly four years before he commenced action prompted him to file it, and he retained attorneys who represented plaintiffs in class action against same defendants in federal court and received regular information about progress of their suit more than two years before commencing present action. Staub v. Eastman Kodak Co., 320 N.J.Super. 34, 726 A.2d 955 (A.D.1999)

Municipal Liability/Sovereign Immunity
Public entity is generally subject to tort liability for acts or omissions of the entity or public employees acting within scope of employment. However, some exceptions still exist.
Discovery Rule
N.J. follows standard discovery rule.
Comparative Negligence
Applies, unless plaintiff's negligence is greater than 50%.
Charitable Immunity
Remains in effect in certain situations and is limited in amount in others. Therefore, specific statutes should be consulted.
Disabilities
For infancy (18th birthday), incompetence, or insanity, statute does not run until removal of disability.
Punitive Damages
Common law rules apply.
No-Fault Insurance
Applies
Other Relevant Information
Occupational Disease Discovery Rule: Applies to latent injuries which are occupation related. Act gives right to compensation for occupational diseases peculiar to trade, occupation, process or place of employment.
NOTE: New Jersey is one of the states that counts the date of the occurrence or accident in the computation of the statute of limitations.
Consumer Fraud Complaint

New Jersey Division of Consumer Affairs
http://www.state.nj.us/lps/ca/home.htm

(973) 504-6200 (Consumer Hotline)
(800) 242-5846 (toll-free in New Jersey)

MANHATTAN OFFICE

59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000