New Jersey Statutes 2A:42A-8.1. Liability of owners of certain premises which allow public access
Terms Used In New Jersey Statutes 2A:42A-8.1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(1) willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity; or
(2) injury caused by acts of negligence on the part of the owner, lessee or occupant of the premises to any person where permission to engage in sport or recreational activity on the premises was granted for a consideration other than the consideration, if any, paid to the landowner by the State, local unit, or charitable conservancy; or
(3) injury caused by acts of gross negligence on the part of the owner, lessee, or occupant of the premises to any person entering or using the land for a use or purpose unrelated to public access purposes.
b. For the purposes of this section:
“Charitable conservancy” means the same as that term is defined pursuant to section 2 of P.L.1979, c.378 (C. 13:8B-2), or a “qualifying tax exempt nonprofit organization” as defined pursuant to section 3 of P.L.1999, c.152 (C. 13:8C-3);
“Conservation restriction” means the same as that term is defined pursuant to section 2 of P.L.1979, c.378 (C. 13:8B-2);
“Local unit” means the same as that term is defined pursuant to section 2 of P.L.1979, c.378 (C. 13:8B-2), or a “local government unit” as defined pursuant to section 3 of P.L.1999, c.152 (C. 13:8C-3);
“Premises” means any land in the State (1) regardless of location or characterization or classification of location including but not limited to land characterized or classified as being located in an urban, suburban, rural, semi-rural, populous, developed, undeveloped, unpopulous, residential, nonresidential, commercial, or industrial area, and (2) regardless of whether or not the land is improved or maintained in a natural condition, or used as part of a commercial enterprise; and
“Sport or recreational activity” means a “sport and recreational activity” as defined pursuant to section 1 of P.L.1968, c.73 (C. 2A:42A-2).
L.2001,c.265,s.1.