Each summer, children and adults flock to oceans, lakes, pools and water parks. Unfortunately, unbeknownst to many individuals, they are exposed to great dangers.
From 2005-2009, there were an average of 3,533 fatal unintentional drownings (non-boating related) annually in the United States, and an additional 347 people died each year from drowning in boating-related incidents, according to the Centers for Disease Control and Prevention.
The operator of a swimming facility has a duty to exercise reasonable care to keep all patrons “in a reasonably safe condition for the purpose for which they were apparently designed.” McLaughlin v. Rova Farms, Inc. 56 N.J. 288, 304 (1970).
Furthermore, New Jersey statutes and regulations impose even greater safety obligations on the owners of public pools or bathing beaches. See N.J.S. 26:4A-4 et seq.; N.J.A.C. 8:26-1 et seq. A violation of any of these provisions may, in many cases, be admissible as evidence of a defendant’s negligence.
Swimming pools operated by apartment buildings or condominium associations are subject to the same safety duties as an entity that profits more directly from such a facility. See Raponotti v. Burnt-Mill Arms Inc., 113 N.J. Super. 173, 180 (App. Div. 1971).
With respect to amusement parks, generally, the proprietor of an amusement park is bound to exercise reasonable care and to “render the premises reasonably safe and fit for the use intended.” Clayton v. New Dreamland Roller Skating Rink, 14 N.J. Super 390, 395 (App. Div. 1951). This principle governs accidents that occur on the grounds of amusement parks and similar facilities. However, if the injury is related to the operation of rides at the amusement park, it is subject to the Carnival-Amusement Rides Safety Act (CARSA), codified at N.J.S.A. 5:3-31 to-59.
CARSA requires that an injured person file an accident report with the operator of the amusement park as a precondition to commencing litigation for personal injury. N.J.S.A. 5:3-57b. The report must be in writing and filed within 90 days of the incident leading to the injury. N.J.S.A. 5:3-57a, – 57c. That 90-day period may be extended only be leave of Court to one year.
In the matter of Doerflein v. Six Flags Great Adventure, 2006 WL 392980 (N.J. Super. Ct. App. Div. Feb. 22, 2006), a patron complained of neck injuries after riding a roller coaster at Great Adventure. Id. at 1. The plaintiff, however, did not file his accident report within the statutorily granted period of time and did not file for permission from the court to do so after the deadline. Id. at 3. Plaintiff attempted to argue that the signs required by CARSA were not conspicuously placed around the park and the lack of notices accounted for his delay in filing. Id. at 2. However, the court did not agree with the plaintiff, and denied him relief. Id. at 3. It concluded that individuals injured at amusement parks often have a cause of action, but that cause of action is contingent upon adhering to the statutory requirements of CARSA. Id.