N.J.S.A. 48:2-80(d), on its face, provides no right to a trial by jury. It is unusual in that it is binding on litigants who are effectively suing in negligence under a statutory standard of care for a claim rooted in common-law negligence causing damage to property. The Court has no recourse except to declare the statute as written to be constitutionally flawed. 1-24-13
