SENATE, No. 1172

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 30, 1996

 

 

By Senators CONNORS and SINGER

 

 

An Act clarifying the liability of public entities under certain circumstances and amending N.J.S.59:4-4 and N.J.S.59:4-5.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. N.J.S.59:4-4 is amended to read as follows:

    59:4-4. Failure to provide emergency warning signals.

    a. Subject to section 59:4-2 of this act, a public entity shall be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices if such devices were necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care.

    b. Nothing in this section shall be construed to impose liability upon a public entity for injury proximately caused by its failure to replace or maintain ordinary traffic signals, signs, markings or other devices.

(cf: N.J.S.59:4-4)

 

    2. N.J.S.59:4-5 is amended to read as follows:

    59:4-5. Failure to provide ordinary traffic signals--immunity.

    Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide, replace or maintain ordinary traffic signals, signs, markings or other similar devices.

(cf: N.J.S.59:4-5)

 

    3. This act shall take effect immediately.

 

STATEMENT

 

    In Civalier v. Trancucci, 138 N.J. 52 (1994), the New Jersey Supreme Court ruled in a 4-2 decision that N.J.S.59:4-4 of the "New Jersey Tort Claims Act" imposes liability on a public entity for its failure to replace a missing stop sign if a motorist's reliance on the previous presence of the sign caused injury. This bill is intended to overcome the court's ruling in that case by clarifying when public entities are immune from liability.

    This bill amends N.J.S.A.59:4-5 to provide that a public entity will not be liable for injury proximately caused by the failure to replace or maintain ordinary traffic signals, signs, markings or other devices . It also amends N.J.S.A.59:4-4 (concerning emergency signs) to provide that section shall not be construed to impose liability upon a public entity for injury proximately caused by its failure to replace or maintain ordinary traffic signals, signs, markings or other devices. Currently the law provides that a public entity may be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices under certain circumstances set forth in N.J.S.A.59:4-4. This bill does not change that provision.

 

 

 

Clarifies certain immunities granted by the "New Jersey Tort Claims Act" to public entities.