This bill clarifies the responsibilities and liabilities of private beach owners and lessees regarding injuries sustained by individuals while accessing their beach premises or adjacent waters for recreational activities. It establishes that these owners or lessees have no obligation to ensure the safety of the beach for public use, regardless of its condition or whether it is part of a commercial enterprise. Additionally, during periods when the beach is unguarded, they are not required to post warnings about potential hazards. The bill also stipulates that private beach owners or lessees will not be liable for injuries or deaths occurring in unguarded areas, nor in guarded areas unless specific conditions of negligence or willful failure to warn are met.
Furthermore, the bill defines "unguarded beach area" as any section of the beach where no lifeguard is present to monitor safety or respond to emergencies. It provides immunity from liability for injuries occurring in guarded areas, except in cases of willful negligence or gross negligence by the lifeguard or beach owner. This legislation aligns with existing liability limitations for various landowners in New Jersey, ensuring that private beach owners are afforded similar protections as those granted to agricultural and environmentally regulated landowners when it comes to public access for recreational purposes.