New Jersey has tons of public parkland meant for walking hiking, biking, skating and organized sports. But, those things can cause injuries. It’s just a part of life. When those injuries happen, many people think they have a valid lawsuit if they were hurt on public property. That’s not always the case.
NJ law treats park injury cases differently from regular premises liability claims. That’s because of recreational immunity, a doctrine limiting when injured visitors can sue. It’s dictated by the New Jersey Landowner Liability Act, and often counters lawsuits before they ever reach trial. Because of this, personal injury lawyers must analyze immunity issues at the very start of any potential park injury case and help injured people avoid missteps, including what not to say to a New Jersey personal injury attorney during early consultations.
Quick Answer: Can I Sue for a Park Injury in New Jersey?
In New Jersey, you usually cannot sue for a park injury because the Landowner Liability Act provides broad recreational immunity to landowners.
Public and private property owners are generally protected from lawsuits when injuries occur during recreational activities, unless they live in a residential suburban or semi-rural area. The New Jersey Supreme Court confirmed this in 2026, holding that even common activities like rollerblading on paved park paths fall under the statute. Unless the landowner’s conduct was willful or malicious, suing for a park injury in NJ is extremely difficult.
What Is the Landowner Liability Act in NJ?
The Landowner Liability Act, found at N.J.S.A. 2A:42A-2 through 2A:42A-10, is a state statute designed to limit the legal exposure of landowners who open their property for public recreation. It applies to both private landowners and public entities, including counties, municipalities, and state agencies.
The Legislature intended the law to be liberally construed as an inducement. In simple terms, the state encourages landowners to keep large areas open for public use by shielding them from most personal injury lawsuits. It exists to entice landowners with parks and other open spaces to allow public usage of their land without having to worry about insurance or liability.
There’s a trade-off. Recreational users can access the land, but they cannot sue for ordinary negligence. Policy decisions like these shape how personal injury lawyers evaluate park injury claims in New Jersey and explain what a personal injury attorney actually does in immunity-driven cases.
What the Landowner Liability Act in NJ Actually Covers
The LLA focuses on two things: the type of land and the type of activity.
Expansive Public Premises
The Act is aimed at large, open properties, not small, tightly controlled spaces. County parks, state parks, and similar properties usually qualify. Courts have repeatedly held that large parks are exactly what the Legislature intended to protect.
For example, the New Jersey Supreme Court ruled that Van Saun County Park, a 130-acre Bergen County park, falls squarely within the Act’s protection.
Which Recreational Activities Are Protected Under NJ Law?
The statute applies to a broad range of recreational activities, even those not expressly listed.
Rollerblading Injury in NJ Park: What the 2026 Arias Decision Means for Skaters and Inline Users
In Arias v. County of Bergen (2026), the New Jersey Supreme Court ruled that rollerblading qualifies as a protected recreational activity. The plaintiff sustained injuries when she was rollerblading on a paved pedestrian path at Van Saun County Park and fell into a pothole. Thus, she sued the park for her injuries.
The Court held that paving does not remove immunity. Paved paths are considered part of the park’s recreational infrastructure. As a result, a rollerblading injury in an NJ park is usually barred by recreational immunity, even if the surface isn’t natural terrain.
Injured While Hiking, Biking, or Playing Sports in a New Jersey County Park
The same analysis applies to people injured while hiking, biking, jogging, or playing sports in a county park. The LLA considers these recreational activities, whether they occur on dirt trails, grassy fields, or paved paths.
This is why claims involving slips and falls on a trail or paved path in NJ parks are commonly dismissed. Recreational immunity covers ordinary maintenance issues, uneven surfaces, and naturally occurring conditions, including situations similar to snow or ice slip-and-fall accidents in New Jersey when they occur in recreational settings.
What Recreational Activity Immunity Means for Park Visitors
Recreational immunity means the landowner does not owe a traditional duty of care to recreational users.
| Immunity Aspect | Legal Impact |
| Simple negligence | Landowner is immune |
| Duty to maintain | Significantly reduced |
| Natural or common conditions | Generally not actionable |
| Willful or malicious conduct | Immunity does not apply |
This is why so many park injury lawsuits get dismissed early. Courts routinely hold that cracks in paths, uneven ground, or poor drainage do not overcome immunity. This is also why people asking “can I sue for a park injury in NJ?” are often surprised by how narrow the answer is.
When You Can Sue for a Park Injury in New Jersey
The LLA isn’t airtight; there are certain situations that create grounds for a lawsuit.
Willful or Malicious Conduct
The LLA does not protect landowners who engage in willful or malicious conduct. A plaintiff would need to prove the landowner deliberately created dangerous conditions. Or, knowingly ignored a serious hazard with reckless disregard for safety.
A real-world contrast helps clarify this. Most cases involve cracked trails or poor lighting, both covered by recreational immunity. By contrast, a scenario where a park authority knowingly removes safety barriers near a steep drop could potentially meet the willful-conduct standard. Cases involving difficult-to-diagnose injuries, such as the hardest injuries to prove after a New Jersey accident, often make this burden even higher.
Charging a Fee Can Remove Immunity
Another important exception is charging a fee. If a landowner charges an entrance fee, usage fee, or sometimes even certain parking fees, the Landowner Liability Act may not apply. Paid access changes the legal relationship and can remove recreational immunity altogether.
This detail is frequently overlooked and is one reason personal injury lawyers closely examine how a park is funded and operated.
How to File a Public Park Injury Lawsuit in NJ
When immunity may not apply, the procedural rules are strict.
Filing in the Correct Court
Public park injury cases are filed in the New Jersey Superior Court, Law Division, in the county where the incident occurred.
Special Rules for Suing Government-Owned Parks in New Jersey
If the defendant is a public entity, the New Jersey Tort Claims Act (TCA) applies.
Under the TCA, injured parties must file a Notice of Claim within 90 days of the accident. This is a hard deadline. Missing it usually ends the case before it begins.
Late notices are allowed only with court permission and only upon showing extraordinary circumstances, which is a high bar. Courts won’t grant extensions lightly, and simple ignorance of the laws isn’t enough.
Government entities aggressively defend these cases with money from the State’s Tort Claims Liability Fund. Thus, the plaintiff must also present enough evidence to overcome recreational immunity.
Why Park Injury Lawsuits Are So Hard to Win in NJ
Park injury claims are fundamentally different from standard slip-and-fall cases. New Jersey courts consistently emphasize that public access to parks outweighs the risk of individual injury claims.
The 2026 Arias decision reinforced that immunity applies even in modern parks with paved paths and developed infrastructure. As a result, New Jersey is one of the most difficult states in which to pursue a public park injury lawsuit.
Key Takeaways for Anyone Injured in a New Jersey Park
- The Landowner Liability Act provides broad immunity
- Recreational activities are defined expansively
- Rollerblading, hiking, biking, and sports are usually protected
- Charging a fee can end immunity
- Proving willful or malicious conduct is extremely difficult
- Personal injury lawyers must assess immunity before pursuing a claim
What NJ’s Recreational Immunity Laws Mean for the Public
New Jersey’s legal framework strongly favors keeping public land open for recreation, even when that limits recovery for injured visitors. The Landowner Liability Act and the Supreme Court’s ruling in Arias v. County of Bergen make clear that recreational immunity is a powerful defense.
If you are injured in a public park, your case will not hinge solely on how serious your injuries are. It will depend on whether immunity applies, whether fees were charged, and whether the landowner’s conduct crossed the narrow line into willful misconduct. Understanding these rules early can prevent wasted time, expense, and false expectations, which is why consulting experienced personal injury lawyers is often the most practical first step.
Resources
NJ.gov – Tort and Liability Notice
Justia Law – Arias v. County of Bergen
State of New Jersey – Landowner Liability Act
