New Jersey Bill Addresses Public Entities & Employees

The New Jersey Assembly’s Judiciary Committee approved and reported out Assembly Bill No. 5392 which is designed to align standards for the civil liability of public entities (schools, government agencies, etc.) and public employees, with the standards in place for nonpublic entities and employees. Bill No. 5392 addresses an apparent error identified by New Jersey Governor Murphy in S–477, a bill concerning childhood sexual abuse he signed into law earlier in May.

According to the Committee explanation of A 5392,

1. “...a public entity or public employee could be held liable for willful, wanton or grossly negligent acts resulting in a sexual assault, any other crime of a sexual nature, a prohibited sexual act... or sexual abuse... being committed against a person...; and
2. “...a public entity could be held liable for a claim that its negligent hiring, supervision or retention of any public employee resulted in any such form of sexual abuse being committed against a minor under the age of 18 years (there would be no such “simple” negligence liability for any public employees under this cause of action, just like no there is no liability for a non–profit organization’s agents...cause of action for negligent hiring, supervision or retention permitted against the nonprofit organization otherwise immune from negligence suits under the Charitable Immunity Act). The bill would take effect on December 1, 2019, the same date as S–477.

The Committee then referenced and described S–477 as follows:

1. creates new, extended statute of limitations periods for civil actions by child and adult victims of sexual abuse (child victim — suit must be filed by the 55th birthday, or within seven years of discovering the injury, whichever date is later; adult victim — suit must be filed within seven years of discovering the injury), and
2. establishes a two–year window during which actions may be commenced even though they would otherwise be time–barred, even after using the appropriate new, extended statute of limitations period. The bill expressly indicates that once lawsuits can commence against public entities and public employers beginning on December 1, 2019, these suits, and any suits previously filed that have not yet been finally adjudicated or dismissed, would be subject to the new, extended statute of limitations, and lawsuits could, if otherwise time–barred, be brought during the two–year window. [emphasis added]”