Read the full stored bill text
A4406
ASSEMBLY, No. 4406
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� JAY WEBBER
District 26 (Morris and Passaic)
SYNOPSIS
���� Limits liability for operators of buildings,
facilities, or premises for certain sports, games, and amusement activities.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
limiting
liability for operators of buildings,
facilities, or premises for certain sports, games, and amusement activities,
and supplementing Title 5 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.�� As used in this
section:
���� �Inherent risk of a
physically-exerting recreational activity� means a danger to person or property
which is an integral part of a particular physically-exerting recreational
activity, arising from participating in or observing that recreational
activity.
���� �Operator� means a person or
entity who owns, manages, controls, or directs the operation of a building,
facility, or premises used for sports, games, or amusement at which a
participant may engage in a physically-exerting recreational activity.� An operator
shall include any person or entity acting on behalf of an operator concerning
some or all of the physically-exerting recreational activities for a building,
facility, or premises, and shall also include the State and any agency or
instrumentality thereof, and any political subdivision of the State and any
agency or instrumentality thereof.
���� �Participant� means any
person, whether an amateur or professional, engaging in a physically-exerting
recreational activity, whether or not a fee is paid to an operator to engage in
that activity.
���� �Physically-exerting
recreational activity� means any activity requiring a participant, as a patron,
paying or otherwise, of a building, facility, or premises used for sports,
games, or amusement, to use physical exertion to voluntarily engage in that recreational
activity, which is the intended recreational activity of the building,
facility, or premises.� A physically-exerting recreational activity shall
include, but is not limited to, gymnastics, football, baseball, softball,
basketball, volleyball, soccer, lacrosse, hockey, field hockey, tennis, racket
ball, and other sports, trampoline jumping, rope and rock climbing, bicycling,
go-karting, and other forms of racing.
���� �Spectator� means any person
who is present within a building, facility, or premises used for sports, games,
or amusement at which a participant may engage in a physically-exerting
recreational activity, for the purpose of observing the recreational activity
whether or not an invitee.
���� b.��� (1)���� Except as
otherwise set forth under P.L.1979, c.29 (C.5:13-1 et seq.) concerning skiing,
the �New Jersey Roller Skating Rink Safety and Fair Liability Act,� P.L.1991,
c.28 (C.5:14-1 et seq.) concerning roller skating, P.L.1997, c.287 (C.5:15-1 et
seq.), concerning equine animal activities, or any other law establishing or
limiting the liability of an operator of a building, facility, or premises that
is used for sports, games, or amusement related to a particular
physically-exerting recreational activity, a participant and a spectator are
deemed to assume any inherent risk of participating in or observing a
physically-exerting recreational activity.� Each participant is additionally
assumed to know the range of his own ability to participate in a physically-exerting
recreational activity, and it shall be the duty of each participant to act
within the limits of his own ability in order to refrain from acting in a
manner which may cause or contribute to the injury of the participant, other
participants, or spectators, or damage to the property thereof.
���� (2)�� The assumption of risk
set forth in this subsection shall be a complete bar of suit and shall serve as
a complete defense to a suit against an operator by a participant or spectator
for injuries arising from an assumed risk of a physically-exerting recreational
activity, notwithstanding the provisions of P.L.1973, c.146 (C.2A:15-5.1 et
seq.) relating to comparative negligence.� Nothing in this subsection shall
immunize an owner against any liability arising from any act of gross
negligence, or willful or wanton misconduct.
���� (3)�� The limits on liability
set forth in this subsection are cumulative with the defenses available under
the �New Jersey Tort Claims Act,� N.J.S.59:1-1 et seq., when that act is
applicable.
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill would limit
liability for operators of buildings, facilities, or premises used for sports,
games, or amusement at which participants and spectators may engage in or
observe physically-exerting recreational activities.� A �physically-exerting recreational
activity� is defined under the bill as any activity requiring a participant, as
a patron, paying or otherwise, of a building, facility, or premises used for
sports, games, or amusement, to use physical exertion to voluntarily engage in
that recreational activity, which is the intended recreational activity of the
building, facility, or premises.
���� A physically-exerting
recreational activity would include, but not be limited to, gymnastics,
football, baseball, softball, basketball, volleyball, soccer, lacrosse, hockey,
field hockey, tennis, racket ball, and other sports, trampoline jumping,
rope and rock climbing, bicycling, go-karting, and other forms of racing.� Any
such activity that is specifically subject to another statutory law detailing
the liabilities of owners, such as skiing (P.L.1979, c.29 (C:5:13-1 et seq.)),
roller skating (the �New Jersey Roller Skating Rink Safety and Fair Liability
Act,� P.L.1991, c.28 (C.5:14-1 et seq.)), or equine animal activities
(P.L.1997, c.287 (C.5:15-1 et seq.)), would not be covered by the provisions of
the bill.� This would leave intact the establishment or limitations of owner
liability provided by the particulars of those other, specifically targeted
statutory enactments.
���� Under the bill, a participant
and a spectator of an applicable recreational activity would be deemed to
assume any inherent risk of participating in or observing that activity.� Each
participant additionally would be assumed to know the range of his own ability
to participate in the physically-exerting recreational activity, and it would
be the duty of each participant to act within the limits of his own ability in
order to refrain from acting in a manner which could cause or contribute to the
injury of the participant, other participants, or spectators, or damage to the
property thereof.
���� The assumption of risk set
forth in the bill would be a complete bar of suit and would serve as a complete
defense to a suit against an operator by a participant or spectator for injuries
arising from an assumed risk of a physically-exerting recreational activity,
notwithstanding the provisions of P.L.1973, c.146 (C.2A:15-5.1 et seq.)
relating to comparative negligence.� However, nothing in the bill would
immunize an owner against any liability arising from any act of gross
negligence, or willful or wanton misconduct.
���� Because an owner is defined
under the bill to include governmental entities, and their agencies or
instrumentalities, the limits on liability set forth in the bill would also be
deemed to be cumulative with the defenses available under the �New Jersey Tort
Claims Act,� N.J.S.59:1-1 et seq., when that act is applicable.�