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Another Win for the Jersey Shore!. By N.J. Lubojackie MAKING WAVES, August/September 1999 |
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The New Jersey Supreme Court recently rendered a decision on the issue of municipal liability for injuries sustained by swimmers and surfers during periods of high surf. The court's decision, which largely immunizes the government from damages, is a huge victory for access to town controlled beaches. The Supreme Court ruling held that ocean conditions, and not the City of Cape May or lifeguards on duty, were responsible for a surfer who broke his neck in storm-driven swells in 1993. Beach towns' have relied on a liability argument to justify restricting access during storm conditions. As many east coast surfers know, this is the best time to paddle out. With this ruling, municipalities will no longer be able to cite concern over lawsuits as a reason for closing beaches or restricting their use. In the 4-to-3 ruling, the Supreme Court reversed an appeals court decision and held that the surfer's accident was caused by the natural conditions of the ocean, a situation for which the town was not liable, and not by negligence on the part of the lifeguards. "It's in the best interest of the communities that they cannot be held responsible for the conditions of the ocean," Spring Lake Mayor Thomas J. Byrne III said about the decision. The court also held that the city couldn't be ordered to pay damages because a section of the Tort Claims Act says municipalities have immunity from liability for events on unimproved public property. The court distinguished a municipality's decision not to provide protective services at a beach from a municipality's liability for negligent performance of those services once undertaken. The appeals court decision, had it stuck, might have encouraged towns not to guard their beaches, because it in essence said if you provide lifeguards you are liable. This is a great victory for not only for surfers, swimmers and all recreational users of the Jersey coast,but also for the Jersey Shore Chapter of the Surfrider Foundation. Attorneys William McKinnon and Phil Mylod of Surfrider and other chapter leaders and members, along with Steve Foley and Brian Unger of SEA, have fought long and hard both on the judicial front (as amicus) and on the legislative front to eliminate liability as an excuse to bar surfers from storm surf. Assume the risk and know your limits and don't forget to thank the Jersey Shore Chapter this fall when the first hurricane surf hits. |
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