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liability

NJSA 59:2-2

N.J.S.A.59:1-2, declares it "to be the public policy of this State that public entities shall only be liable for their negligence within the limitations of this act," and that all its provisions "should be construed with a view to carry out" that legislative declaration. See Chatman v. Hall, 128 N.J. 394, 414 (1992) (explaining the Tort Claims Act "reestablished blanket immunity [for public entities] subject to specific provisions establishing liability").


N.J.S.A. 59:2-2(a), which provides "[a] public entity is liable for injury proximately caused by an act or omission of a public employee within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances," is one of those "specific provisions establishing liability "Chatman, 128 N.J. at 414 


NJSA 59:2-2 (a) is the "primary source of public entity liability." Our Supreme Court has said the same.  See Robinson v. Vivirito, 217 N.J. 199, 207 (2014) ("This Court has commented that vicarious liability of the public entity for the negligent act of its employee is the primary source of liability for the public entity.") (citing Tice, 133 N.J. at 355); Rochinsky v. State, Dep't of Transp., 110 N.J. 399, 409 (1988) (identifying N.J.S.A. 59:2-2(a) as one of the "three principal liability sections in the Act")

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