New Jersey A 306: Clarifies that certain beach owners and lessees have no duty to keep beach safe or to warn of hazards; provides immunity from liability, in certain cases, for injuries occurring on beach or in adjacent waters.

Bill Text

A306 

ASSEMBLY, No. 306 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman PAUL KANITRA

District 10 (Monmouth and Ocean)

SYNOPSIS

���� Clarifies that certain beach owners and lessees have 
no duty to keep beach safe or to warn of hazards; provides immunity from 
liability, in certain cases, for injuries occurring on beach or in adjacent 
waters.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning liability for injury or death 
occurring at certain beaches, and supplementing Title 2A of the New Jersey 
Statutes.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� As used in this act:

���� �Attendant, on-duty lifeguard� 
means an appropriately trained and credentialed individual who is stationed, 
on-duty, and physically present at a privately owned beach premises for certain 
specified hours of the day, and who is required, while so stationed, present, and 
on-duty, to actively monitor the safety of visitors to the guarded beach area 
and to provide immediate, on-the-scene rescue, first aid, and lifesaving 
services, as and when necessary to prevent and respond to injuries occurring on 
or within the guarded beach area or the tidal waters adjacent thereto.

���� �Beach� means the same as that 
term is defined by section 3 of P.L.1973, c.185 (C.13:19-3).

���� �Guarded� means that an 
attendant, on-duty lifeguard is on-site, is actively monitoring the safety of 
visitors, and is available to respond to injuries occurring, at a privately 
owned beach premises, or within a designated and demarked portion thereof.

���� �Guarded beach area� means 
that designated and demarked portion of a privately owned beach premises, or 
the entirety of such premises, as the case may be, which is covered by, and is 
situated within the defined boundaries of, the assigned duty station of an 
attendant, on-duty lifeguard, during any period of time in which the attendant, 
on-duty lifeguard is on-site and available for duty.

���� �Private beach owner or 
lessee� or �beach owner or lessee� means the private individual or entity which 
owns or leases a beach premises and is subject to potential liability for 
injuries occurring thereon.

���� �Privately owned beach 
premises� or �beach premises� means that portion of tidally flowed land, up to 
the mean high water line, and that portion of the dry, sandy beach area, 
landward of such mean high water line, which is owned or leased by a private individual 
or entity, and which is accessible and usable, by the general public, for 
recreation, navigation, commerce, or fishing purposes.

���� �Sport and recreational 
activities� means the same as that term is defined by section 1 of P.L.1968, 
c.73 (C.2A:42A-2).

���� �Unguarded� means that an 
attendant, on-duty lifeguard is not available, on-site, to monitor the safety 
of visitors, or to respond to injuries occurring, at a privately owned beach 
premises, or within a particular section or part of such beach premises, 
regardless of whether such beach premises, or the relevant portion thereof 
where injury or death occurs, either was or will be guarded by an attendant, 
on-duty lifeguard at any other time of day or on any other calendar date.

���� �Unguarded beach area� means any 
portion of a privately owned beach premises, or the entirety of such premises, 
as the case may be, where or whenever there is no attendant, on-duty lifeguard 
available, on-site, to monitor the safety of visitors and respond to injuries 
occurring on the premises or relevant portion thereof, as the case may be, and 
on or in the tidal waters adjacent thereto.� �Unguarded beach area� includes 
any portion of a privately owned beach premises which is situated outside of 
the designated and demarked boundaries of a guarded beach area; and any guarded 
beach area, during any period of time in which the ordinarily attendant, 
on-duty lifeguard is not on-site and available for duty.

���� 2.��� a.� A private beach 
owner or lessee, who allows, or is required by the State to provide, public 
access to the beach premises for sport and recreational activities, shall have 
no duty:

���� (1)�� to keep the beach 
premises safe for entry or use, by members of the public, for sport and 
recreational activities, regardless of whether the beach premises is maintained 
in its natural condition, is improved, or is used as part of a commercial 
enterprise; or

���� (2)�� during any period of 
time in which the beach premises, or any portion thereof, is unguarded, to post 
or maintain signs or notices warning visitors to the unguarded beach area of 
the potential or actual dangers that may exist or arise as a result of the natural 
conditions of the beach or adjacent tidal waters, or due to the use of any 
structure or improvement, or the engagement in sport and recreational 
activities, the