New Jersey § 2a:15-5
Full text of New Jersey New Jersey Statutes § 2a:15-5, with citation guidance and answers to common questions.
§ 2a:15-5.
a. In all negligence actions and strict liability actions in which the question of liability is in dispute, including actions in which any
person seeks to recover damages from a social host as defined in section 1 of P.L.1987,
c. 404 ( C.2A:15-5.5 ) for negligence resulting in injury to the person or to real or personal property,
the trier of fact shall make the following as findings of fact: (1) The amount of damages which would be recoverable by the injured party regardless of any consideration
of negligence or fault , that is, the full value of the injured party's damages. (2) The extent, in the form of a percentage, of each party's negligence or fault. The percentage of negligence or fault of each party shall be based on 100% and the
total of all percentages of negligence or fault of all the parties to a suit shall
be 100%. b. In an action in which a person seeks to recover damages from a social host for negligence
resulting in injury to the person or to real or personal property, the negligence
of any person in becoming intoxicated shall be considered by the trier of fact, and
the trier of fact shall allocate a percentage of negligence to that person. c. As used in this section: (1) “ Negligence actions ” includes, but is not limited to, civil actions for damages based upon theories of
negligence, products liability, professional malpractice whether couched in terms
of contract or tort and like theories. In determining whether a case falls within the term “negligence actions,” the court
shall look to the substance of the action and not the conclusory terms used by the
parties. (2) “ Strict liability actions ” includes, but is not limited to, civil actions for damages based upon theories of
strict liability, products liability, breach of warranty and like theories. In determining whether a case falls within the term “strict liability actions,”
the court shall look to the substance of the action and not the conclusory terms used
by the parties. d. The judge shall mold the judgment from the findings of fact made by the trier of
fact.
Frequently Asked Questions About New Jersey § 2a:15-5
What does New Jersey Statutes § 2a:15-5 cover?
Section 2a:15-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 2a:15-5?
A common citation format is "New Jersey Statutes § 2a:15-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 2a:15-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.