Tragic Drowning Case Underscores the Complexity of New Jersey Wrongful Death and Premises Liability Law
- Alexander J. Kemeny
- 3 days ago
- 4 min read
Appellate Division Clarified the Boundaries of the Landowner’s Liability Act Protections in Recent New Jersey Wrongful Action Decision
In a recent decision that brings into sharp focus the complex legal duties owed by commercial landowners in coastal areas, the New Jersey Appellate Division affirmed the dismissal of a wrongful death lawsuit against the operators of a popular boardwalk and beach.
The case, Timpanaro v. Jenkinson's Pavilion, Inc. (A-0183-24, decided November 21, 2025), involved the tragic drowning of a 69-year-old grandfather after he was swept into the ocean by a strong wave while standing at the water's edge on a non-lifeguarded, off-season beach.
For individuals considering a New Jersey wrongful death lawsuit after an injury or loss on a property in New Jersey where the State has imposed a conservation restriction, this case offers important - and sometimes counterintuitive - lessons about premises liability, and landowner immunity under the New Jersey Landowner’s Liability Act.
Key Facts: Off-Season Beach Visit Ends in Tragedy
The incident occurred in September 2020, after the official summer bathing season had ended. The decedent and his family paid for parking and were granted access to the beach for walking and playing, but were explicitly told that swimming was prohibited.
They passed signs that read "BEACHES CLOSED NO SWIMMING" and "no swimming when lifeguards are off-duty." While standing on the wet sand at the water's edge, a strong wave hit the decedent, causing him to lose his balance and be pulled into the ocean, where he ultimately drowned.
The family filed a New Jersey wrongful death and survivorship complaint, arguing the commercial operator was negligent and grossly negligent for:
Failing to adequately monitor and warn of dangerous ocean conditions (related to a recent hurricane).
Failing to close the beach entirely due to life-threatening conditions.
Providing confusing or inadequate signage.
An Illusory Victory for Plaintiffs: Immunity Rejected
The trial court had initially granted summary judgment to Jenkinson's, relying in part on the New Jersey Landowner’s Liability Act (LLA). The LLA protects landowners and lessees of land on which New Jersey has a conservation restriction from liability for injuries on their property during sports and recreational activities by generally holding that landowners have no duty to keep their premises safe for such activities or to warn of hazardous conditions. However, this immunity does not apply if the owner's actions are willful or malicious and the immunity does not extend to injuries to those with a different legal status on the property, such as business invitees or, in some cases, trespassers.
The Appellate Division rejected the application of the LLA immunity. This is a significant point for future plaintiffs in premises liability cases on New Jersey’s shoreline:
The Court found that the LLA does not apply to the ocean itself.
The beach area was part of a large, developed, commercial amusement complex in a suburban community, not the kind of "large tracts or areas of natural and undeveloped lands" the LLA was intended to protect.
The Appellate Division's ruling clarifies that commercial beach operators in developed areas cannot automatically hide behind the LLA to avoid responsibility for injuries occurring on their premises.
The Outcome: No Breach of Duty
Despite rejecting the LLA immunity, the Appellate Division ultimately affirmed the dismissal of the lawsuit, concluding that the plaintiff failed to establish a breach of duty—a required element in any negligence or New Jersey wrongful death claim.
The Court's reasoning focused on two main points:
No Duty to Close the Beach: The operator was required to keep the beach accessible to the public under their environmental permits, and no "significant storm event" (such as a tropical storm watch, a coastal flood warning, or a gubernatorial state of emergency) was in effect on the day of the drowning that would have triggered a duty to close the beach gates.
Adequate Warning: The family was unequivocally aware that swimming was prohibited and that no lifeguards were on duty. The decedent's decision to approach the water's edge, despite the warnings, was viewed as placing himself "within reach of the ocean and its waves," essentially exceeding the scope of his invitation, which was only to use the dry sand area.
The Court also found that the plaintiffs failed to present sufficient evidence to establish a claim of gross negligence.
Why Experience Matters in a New Jersey Wrongful Death Case
This tragic case demonstrates that every personal injury or New Jersey wrongful death lawsuit involving a commercial property is highly fact-specific. While the Appellate Division provided a favorable legal ruling by rejecting the landowner's claim of immunity, the case was ultimately lost on the facts—specifically, the evidence regarding the existence of a "significant storm event" and the victim's own actions after being clearly warned not to swim.
If you have lost a loved one due to an accident caused by negligence on a commercial or private property, you need an experienced legal team to thoroughly investigate the circumstances, from signage and official weather reports to permits and internal safety manuals.
At Kemeny, Ramp & Renaud, LLC, we understand the intricate nuances of premises liability and New Jersey wrongful death law. We are committed to meticulously building your case and fighting for the justice and compensation your family deserves.
If you or a family member has suffered a devastating loss, contact our office today for a free confidential consultation.
