Bill > A3389

Introduced Session

This bill would limit liability for operators of buildings, facilities, or premises used for sports, games, or amusement at which participants and spectators may engage in or observe physically-exerting recreational activities. A "physically-exerting recreational activity" is defined under the bill as any activity requiring a participant, as a patron, paying or otherwise, of a building, facility, or premises used for sports, games, or amusement, to use physical exertion to voluntarily engage in that recreational activity, which is the intended recreational activity of the building, facility, or premises. A physically-exerting recreational activity would include, but not be limited to, gymnastics, football, baseball, softball, basketball, volleyball, soccer, lacrosse, hockey, field hockey, tennis, racket ball, and other sports, trampoline jumping, rope and rock climbing, bicycling, go-karting, and other forms of racing. Any such activity that is specifically subject to another statutory law detailing the liabilities of owners, such as skiing (P.L.1979, c.29 (C:5:13-1 et seq.)), roller skating (the "New Jersey Roller Skating Rink Safety and Fair Liability Act," P.L.1991, c.28 (C.5:14-1 et seq.)), or equine animal activities (P.L.1997, c.287 (C.5:15-1 et seq.)), would not be covered by the provisions of the bill. This would leave intact the establishment or limitations of owner liability provided by the particulars of those other, specifically targeted statutory enactments. Under the bill, a participant and a spectator of an applicable recreational activity would be deemed to assume any inherent risk of participating in or observing that activity. Each participant additionally would be assumed to know the range of his own ability to participate in the physically-exerting recreational activity, and it would be the duty of each participant to act within the limits of his own ability in order to refrain from acting in a manner which could cause or contribute to the injury of the participant, other participants, or spectators, or damage to the property thereof. The assumption of risk set forth in the bill would be a complete bar of suit and would serve as a complete defense to a suit against an operator by a participant or spectator for injuries arising from an assumed risk of a physically-exerting recreational activity, notwithstanding the provisions of P.L.1973, c.146 (C.2A:15-5.1 et seq.) relating to comparative negligence. However, nothing in the bill would immunize an owner against any liability arising from any act of gross negligence, or willful or wanton misconduct. Because an owner is defined under the bill to include governmental entities, and their agencies or instrumentalities, the limits on liability set forth in the bill would also be deemed to be cumulative with the defenses available under the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., when that act is applicable.

AI Summary

Committee Categories

Jay Webber (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/01/2024)

Official Document