Search
 

Seaside communities, lifeguards aren't liable for beachgoer's injury

A New Jersey appeals court held that the city is a public entity and cannot be held liable for an injury. This decision after a vacationing grandmother was struck by a rescue kayak, causing a fracture of her tibia and fibula.

By staff Writer | Updated on December 16, 2009

Seaside communities and their lifeguards aren’t liable when their lifesaving equipment injures vacationers, a New Jersey appeals court held Dec. 15, and according to a story from Herald Newspapers in Cape May County .

Under New Jersey tort law, the city is a public entity and cannot be held liable “for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.”

Unfortunately for Kelly, tort law states that a “public entity (and its employees) is not liable for the exercise of discretion when, in the face of competing demands, it determines whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public entity was palpably unreasonable.”

Want to continue reading?
Become a Free
PropertyCasualty360 Digital Reader.

INCLUDED IN A DIGITAL MEMBERSHIP:

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.

Already have an account?

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

PropertyCasualty360

Join PropertyCasualty360

Don’t miss crucial news and insights you need to make informed decisions for your P&C insurance business. Join PropertyCasualty360.com now!

  • Unlimited access to PropertyCasualty360.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including BenefitsPRO.com, ThinkAdvisor.com and Law.com
  • Exclusive discounts on PropertyCasualty360, National Underwriter, Claims and ALM events

Already have an account? Sign In Now
Join PropertyCasualty360

Copyright © 2024 ALM Global, LLC. All Rights Reserved.