Brett v. Great American Recreation, Inc., 279 N.J.Super. 306, 652 A.2d 774 (App. Div. 1995)

Practice Areas: General Liability, Retail, Hotel and Restaurant/Hospitality Industry Litigation

Injured tobogganers brought personal injury action against operator of trail which tobogganers were using when they sustained injuries. The Superior Court, Law Division, Union County, entered judgment upon jury verdict finding that tobogganers were liable for 22% of negligence, operator was liable for 54% of negligence, and owner of trail, who settled with plaintiffs prior to trial, was liable for 24% of negligence. Operator appealed. The Superior Court, Appellate Division, Brody, P.J.A.D., held that: (1) tobogganers’ claims would not necessarily be barred at common law; (2) Ski Statute applied to claims because tobogganers violated statutory duty and assumed at least one statutory risk; (3) trail operator violated responsibility of removing man- made hazards by failing to post warning that trail was not suitable for tobogganing; and (4) neither owner of condominium where tobogganers and others were staying nor condominium owner’s niece, who was part of group staying there, was liable for injuries.

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