New Jersey Senate Bill S557

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Provides immunity from liability for certain recreational activities and from injuries caused by acts of God.

Impact

The bill amends existing statutes to clarify that neither public entities nor their employees will be liable for injuries occurring on unimproved public property, such as beaches, lakes, streams, and rivers, particularly related to acts of omission or commission by lifeguards. Furthermore, it extends this immunity to damages resulting from acts of God, which cover a variety of natural disasters such as hurricanes, lightning, and severe weather conditions. By alleviating potential liabilities, this legislation incentivizes municipalities to offer lifeguard services without fear of litigation, which aligns with public safety interests.

Summary

Senate Bill 557, presented in New Jersey's 220th Legislature, aims to provide immunity from liability for public entities and public employees for injuries arising in connection with certain recreational activities, particularly related to lifeguarding services on unimproved public property. This legislation responds specifically to a court ruling that allowed claims against municipalities when a swimmer was injured under particular conditions on a beach where lifeguards were present. By restoring this immunity, the bill is designed to mitigate the legal risks for municipalities that choose to provide lifeguards at beaches, thereby encouraging their presence and enhancing safety for beachgoers.

Contention

Notably, the bill addresses court cases that raised concerns about liability for public entities handling natural conditions effectively, possibly dissuading them from taking necessary safety measures under the threat of lawsuits. Proponents argue that the bill bolsters public safety by encouraging the implementation of lifeguard services and other protective measures without legal apprehensions. Critics, however, may raise concerns over removing accountability from public entities in situations where inadequate supervision could lead to injuries. Therefore, the legislation invites discussions regarding the balance between safety provisions and potential liabilities inherent in public service operations.