This form is a Complaint for Trip and Fall against a Municipality for use in civil proceedings within the state of New Jersey.
New Jersey Complaint Trip and Fall Against Municipality
State:
New Jersey
Control #:
NJ-KB-064
Format:
Word;
Rich Text
Instant download
Description
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FAQ
As a general rule, municipalities in New Jersey have long held what is known as sovereign immunity, meaning they cannot be sued for personal injury. This immunity covers cities, towns, counties, school districts and the state of New Jersey.
Generally, process servers make at least three attempts to serve somebody.
With regard to residential property, the sidewalk that is adjacent to or in front of such property is deemed public property. Therefore, under New Jersey law, an owner of residential property owes no duty to pedestrians to maintain the public sidewalk in such a way that it is devoid of ice and snow.
Once you have filed a complaint with the court in New Jersey you have 15 days to issue a summons from the date of the Track Assignment Notice. If you fail to do so your action may be dismissed. The summons must be served together with a copy of the complaint to the defendant, namely the person you are suing.
Defendant(s) must file an answer to the complaint along with the appropriate filing fee within 35 days after service of the complaint. After the complaint is served and an answer is filed, the discovery period begins.
Under the California Rules of Court, the plaintiff generally must serve the summons and complaint within 60 days after filing the lawsuit.
You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the New Jersey statute of limitations periods is six years for contracts and property damage cases, and two years for personal injury matters.
The Tort Claims Act provides for protection of a public employee from liability for injury resulting from the exercise of judgment or discretion vested in him. (N.J.S.A. 59:3-2(a)).There is a public employee immunity exception found in N.J.S.A. 59:3-14.