STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
SYNOPSIS
Extends immunity for sports and recreational activities to premises located in residential and semi-rural areas for activity of sledding.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning limited liability for certain sport or recreational activities within geographical areas and amending P.L.1968, c.73.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1968, c.73 (C.2A:42A-3) is amended to read as follows:
2. Except as provided in section 3 of this act:
a. An owner, lessee or occupant of premises, and, for the sport or recreational activity of sledding, expressly including premises located in residential and semi-rural areas, whether or not posted as provided in [section] R.S.23:7-7 of the Revised Statutes, and whether or not improved or maintained in a natural condition, or used as part of a commercial enterprise, owes no duty to keep the premises safe for entry or use by others for sport and recreational activities, or to give warning of any hazardous condition of the land or in connection with the use of any structure or by reason of any activity on such premises to persons entering for such purposes;
b. An owner, lessee or occupant of premises who gives permission to another to enter upon such premises for a sport or recreational activity or purpose does not thereby (1) extend any assurance that the premises are safe for such purpose, or (2) constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.
(cf: P.L. 1991, c.496, s.2)
2. This act shall take effect immediately.
STATEMENT
Currently, the Landowners’ Liability Act, N.J.S.A.2A:42A-2 et seq. (“the Act”), provides that an owner, lessee or occupant of premises owes no duty to keep premises safe for entry or use by others for sports and recreational activities, including sledding. The courts have interpreted this limited grant of immunity to exclude premises located in suburban residential areas. This bill is intended to enlarge the protected class of landowners to include residential and semi-rural dwellers for the sport or recreational activity of sledding.
It is the sponsor’s view that recreational sledding is a popular, commonplace activity in many New Jersey communities, including in suburban residential communities; and is an activity which often requires no specialized equipment or elevation in the terrain. An owner, lessee or occupant of premises in residential and semi-rural areas should be immunized against liability for injury caused by this activity, as are their rural counterparts.