30:13-8 - Violations; causes of action; damages - New Jersey Statutes

30:13-8  Violations; causes of action; damages.

8.  a. Any person or resident whose rights as defined herein are violated shall have a cause of action against any person committing such violation.  The Department of Health and Senior Services may maintain an action in the name of the State to enforce the provisions of this act and any rules or regulations promulgated pursuant to this act.  The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual and punitive damages for their  violation.  Any plaintiff who prevails in any such action shall be entitled to  recover reasonable attorney's fees and costs of the action.

b.  In addition to the provisions of subsection a. of this section, treble damages may be awarded to a resident or alleged third party guarantor of payment who prevails in any action to enforce the provisions of section 3 of P.L.1997, c.241 (C.30:13-3.1).

L.1976,c.120,s.8; amended 1997, c.241, s.2.