Premises Liability Funding in New Jersey

Premises Liability Lawsuit Funding in New Jersey

Pre-settlement funding for New Jersey premises liability claims. Clohesy's broader negligent-security test, the 51% bar, and mandatory PJI explained.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

New Jersey law and funding terms: Premises Liability Funding

The New Jersey rules that shape this claim

The rules below shape how a New Jersey premises liability funding claim is underwritten and how quickly it can move toward resolution.

Statute of Limitations

Two years from the date of injury for a negligence/premises-liability claim (N.J. Stat. Ann. § 2A:14-2).

Comparative Fault Rule

New Jersey applies modified comparative negligence with a 51% bar — a plaintiff found 51% or more responsible recovers nothing (N.J. Stat. Ann. § 2A:15-5.1). New Jersey has moved toward a general foreseeability-based duty for business premises rather than a rigid status framework, and its negligent-security case law is comparatively plaintiff-favorable: Clohesy v. Food Circus Supermarkets, Inc., 149 N.J. 496, 694 A.2d 1017 (1997) — a case involving an abduction from a supermarket parking lot — held that a business's duty to provide reasonable security measures can arise from a totality of circumstances, including crime in the surrounding area and the general nature of the location, and does not require proof of a prior identical or substantially similar crime on the specific premises. This is a meaningfully lower foreseeability bar than states requiring a documented pattern of comparable prior incidents at the exact property.

Damages Caps

No general statutory cap on economic or non-economic damages in an ordinary premises-liability claim.

Pre-Judgment Interest

Mandatory in New Jersey personal-injury actions, running from the filing date under N.J. Ct. R. 4:42-11(b), unlike most states where it is unavailable on unliquidated tort damages.

Venue

Proper in the county where the cause of action arose or where the defendant resides (N.J. Ct. R. 4:3-2).

Funding-Specific Statute

New Jersey has no dedicated consumer litigation funding statute. No statutory cap.

State law

How New Jersey regulates consumer legal funding

Statute
New Jersey has no dedicated consumer litigation funding statute.
Rate or fee limit
No statutory cap. New Jersey has no enacted consumer litigation funding statute despite over a decade of proposed bills — the most recent (A1931/S1475) was marked dead as of January 2026.
Disclosure
None required by statute.

Reviewed September 17, 2026. Legal information, not legal advice.

Terms

How terms are set for New Jersey plaintiffs

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Typical timeline

Because Clohesy allows foreseeability to be shown through broader area-crime and locational evidence rather than a single benchmark incident, a New Jersey negligent-security claim can involve a wider evidentiary record — area crime data, lighting and access-control studies, and the security arrangements of a property owner, management company, and any separate contractor — which tends to lengthen discovery relative to a narrower, single-property-incident case.

How New Jersey law affects funding this claim

Why is Clohesy v. Food Circus Supermarkets significant for a New Jersey negligent security claim?

Clohesy held that foreseeability of a criminal act can be shown through the totality of circumstances — including crime in the surrounding area — without requiring proof of an identical or substantially similar crime on the specific property.

That gives a New Jersey claim a broader evidentiary path than states limited to a strict prior-similar-incidents rule: area crime statistics, the general nature of the location (an isolated parking area, a poorly lit loading zone), and industry security practices can all support foreseeability alongside — or even without — a documented history on the specific property.

How does mandatory pre-judgment interest affect the value of a New Jersey negligent security claim as it develops?

Unlike most states, New Jersey requires pre-judgment interest on personal-injury verdicts, accruing from the filing date under N.J. Ct. R. 4:42-11(b), which adds a predictable, compounding cost as litigation proceeds.

Because this interest accrues automatically regardless of settlement posture, it creates a running incentive tied directly to how long a case — including a fact-intensive negligent-security claim — remains open once filed.

How does a multi-defendant security arrangement affect a New Jersey claim?

Property owners frequently contract out security to a management company or specialized firm, and New Jersey allows all of them to be named where each may share responsibility for the specific security failure.

Sorting out the contractual allocation of security duties among these parties — who set staffing levels, who controlled lighting and access-control budgets — is often a significant part of discovery in a contested claim.

FAQ

Premises Liability Funding questions in New Jersey

Sources & references

N.J. Stat. Ann. § 2A:14-2 · N.J. Stat. Ann. § 2A:15-5.1 · Clohesy v. Food Circus Supermarkets, Inc., 149 N.J. 496, 694 A.2d 1017 (1997) · N.J. Ct. R. 4:42-11(b) · N.J. Ct. R. 4:3-2

Reviewed September 17, 2026. Legal information, not legal advice.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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