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New Jersey

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 3

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 6 years
Personal Property 6 years
Personal Injury 2 years
Medical Malpractice 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

10% gross, 25% of disposal earnings, whichever is less but no execution on gross wages of $154.50 or less a week
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
    $5,000 plus costs Damage to Transportation Infrastructure
    Unlimited for Damage to School Property
Liability imposed when child willfully or maliciously causes damage to railroad, public utility, street railway, traction railway; Liability imposed when child damages school property
 


Subrogation by Landlord's Carrier against Tenant

Yes, unless clearly not allowed in lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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