New Jersey

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar
Circuit # 3

>Photo of New Jersey

Med Pay Subrogation - Yes
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


(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 However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in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.