In this wrongful death case, the court rejects defendants' argument construing the immunity provision of the Landowners Liability Act ("LLA"), N.J.S.A. 2A:42A-2 to -10 to shield them from liability for a drowning death that occurred on their oceanfront commercial property. Plaintiffs contend defendants breached their duty of care by failing to close and prevent access to its beaches on the day of decedent's drowning, and by having inadequate warning signs.
Defendants are owners and operators of an oceanfront amusement park and beaches to which plaintiffs and decedent were permitted access following the summer swimming season with no lifeguards on duty. While standing at the water's edge, decedent suddenly encountered a series of sudden and rouge waves that carried him into the ocean where he drowned.
Although the court declines to construe the LLA to immunize a drowning in the ocean, the court upholds the Law Division judge's dismissal of plaintiffs' claim that defendants should have prevented access to its beaches in the absence of any active storm or hurricane warnings. The court correctly found that defendants were obligated to allow access to the beach under environmental permits issued to them and the Public Access Doctrine that specified only limited situations of severe weather when access to the beaches could be closed.
Even viewing the record in the light most favorable to plaintiff, the Law Division judge properly concluded defendants owed no duty to plaintiffs and decedent to prevent access to its beaches on the day in question. In addition, the judge correctly dismissed plaintiffs' claims of confusing signage because plaintiffs admitted at their depositions they understood that the beach was open but no swimming was allowed.
Judge Sabatino has filed a concurring opinion that addresses signage issues.
Accordingly, the court affirms the finding of summary judgment in favor of defendants, dismissing plaintiffs' complaint.