59:4-2 - Liability generally - New Jersey Statutes

59:4-2.  Liability generally
    A public entity is liable for injury caused by a condition of its property if the plaintiff establishes that the property was in dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous  condition, that the dangerous condition created a reasonably foreseeable risk  of the kind of injury which was incurred, and that either:

    a.  a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or

    b.  a public entity had actual or constructive notice of the dangerous condition under section 59:4-3 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.

    Nothing in this section shall be construed to impose liability upon a public  entity for a dangerous condition of its public property if the action the  entity took to protect against the condition or the failure to take such action  was not palpably unreasonable.

     L.1972, c. 45, s. 59:4-2.