Bill Text: NJ A4307 | 2020-2021 | Regular Session | Introduced
Bill Title: Adds rock climbing, bouldering, and ice climbing to definition of "sport and recreational activities" in law concerning landowner liability.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2020-06-25 - Introduced, Referred to Assembly Judiciary Committee [A4307 Detail]
Download: New_Jersey-2020-A4307-Introduced.html
Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
SYNOPSIS
Adds rock climbing, bouldering, and ice climbing to definition of "sport and recreational activities" in law concerning landowner liability.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning landowner liability regarding certain sport and recreational activities 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-2) is amended to read as follows:
2. As used in P.L.1968, c.73 (C.2A:42A-2 et seq.):
"All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six non-highway tires, but shall not include golf carts.
"Dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of traveling off of paved roads, whether or not the vehicle is subject to registration with the New Jersey Motor Vehicle Commission.
"Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
"Sport and recreational activities" means and includes: hunting; fishing; trapping; horseback riding; training of dogs; hiking; camping; picnicking; swimming; skating; skiing; sledding; tobogganing; operating or riding snowmobiles, all-terrain vehicles or dirt bikes; rock climbing; bouldering; ice climbing; and any other outdoor sport, game and recreational activity including practice and instruction in any of these activities.
(cf: P.L.2015, s.155, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would amend P.L.1968, c.73 (C.2A:42A-2 et seq.), commonly known as the "Landowners' Liability Act," by expanding the definition of "sport and recreational activities" to include rock climbing, bouldering, and ice climbing.
Under current law, if a landowner grants permission to another person, without receiving consideration (e.g., payment), to enter the landowner's property for the purpose of engaging in a sport or recreational activity, the landowner is not considered to have: (1) extended any assurance that the premises are safe for the particular sport or recreational activity; (2) rendered the person an invitee to whom a duty of cared is owed; or (3) assumed liability for an injury to person or property caused by an act of the person to whom permission to enter was granted, unless the injured person was owed a duty of care by the landowner.
