New Jersey Statutes
N.J. Stat. § 59:4-7 (2026)
Weather conditions; effect on use of streets and highways--immunity
✓ current as of May 2026
Neither a public entity nor a public employee is liable for an injury caused solely by the effect on the use of streets and highways of weather conditions.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1992–2021 · leading case: Manna v. State, 609 A.2d 757 (N.J. 1992).
Manna v. State, 609 A.2d 757 (N.J. 1992). “§ 59:4-7; and (2) the immunity for dangerous conditions attributable to the plan or design of the public property, N.”
Bligen v. Jersey City Hous. Auth., 619 A.2d 575 (N.J. 1993). “Plaintiff filed a complaint against JCHA seeking damages for the injuries she had sustained from her slip and fall.”
Luchejko v. City of Hoboken, 998 A.2d 506 (N.J. Super. Ct. App. Div. 2010). “” N.J.S.A 59:4-7. That immunity does not apply here because Luchejko’s injuries occurred on a sidewalk, not a street or highway and were “allegedly caused by a combination of the weather and other factors.”
Elena Mercado Vs. Donna L. Krimmel (l-0230-17, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “She appeals from a summary judgment dismissing her complaint based on the weather immunity accorded public entities in N.J.S.A. 59:4-7, which provides that "[n]either a public entity nor a public employee is liable for an injury caused solely by the effect on the use of streets…”
Barbara Santopietro Vs. Borough of Union Beach Vs. Vollers Excavating & Constr. (l-0097-16, Monmouth Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “Plaintiffs further argue that N.J.S.A. 59:4-7 did not immunize the Borough against liability.”
Miriam L. Chicas Vs. Town of Kearny Jose a. Martinez Vs. Town of Kearny (l-2516-15 & L-4785-15, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “In that regard, they contend that they are protected from liability A-1248-17T3 8 under (1) the weather condition immunity, N.J.S.A. 59:4-7; (2) the good-faith immunity, N.”
Adrianne Bruce Vs. Borough of Collingswood (l-1361-15, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “Lastly, although defendant argued it was immune from any claim pursuant to N.J.S.A. 59:4-7, the TCA's so-called "weather immunity," the judge admittedly "punted" on the issue and never decided it.”
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