The New Jersey Supreme Court unanimously held that Bergen County cannot be sued for a rollerblading accident that occurred on a paved path in Van Saun County Park, ruling that the state's Landowner Liability Act provides broad immunity for recreational injuries on public property.
Justice Hoffman, writing for the court in *Andris Arias v. County of Bergen*, issued the decision on Jan. 22, 2026, after oral arguments in October 2025. The case centered on whether the Landowner Liability Act protects counties from negligence claims arising from recreational activities on park property.
In April 2021, plaintiff Andris Arias fell into a pothole while rollerblading on a paved pedestrian path in the 130-acre Van Saun Park. The park, owned and operated by Bergen County, features numerous recreational amenities including playgrounds, pavilions, picnic facilities, a dog park, zoo, athletic fields, tennis courts, pathways, fishing ponds, and wooded areas. All park amenities are available to the public free of charge.
Arias filed a negligence complaint against the county following his accident. Bergen County moved to dismiss the lawsuit, asserting immunity under the Landowner Liability Act, which protects property owners from liability for injuries that occur during recreational activities on their land.
The trial court granted the county's motion to dismiss, and the Appellate Division affirmed the ruling in 2024. The Supreme Court granted certification in 2025 to resolve the question of whether the LLA applies to public entities operating recreational facilities.
The Landowner Liability Act, codified at N.J.S.A. 2A:42A-2 to -10, was originally enacted in 1962 as protection for rural landowners who allowed hunting and fishing on their property. The Legislature expanded the law in 1968 to encourage broader public access to recreational activities.
Justice Hoffman wrote that the LLA has evolved "into a 'liberally construed . . . inducement' for landowners to open 'their property for sport and recreational activities' without 'fear of liability.'" The court determined that rollerblading qualifies as the type of "recreational activity" contemplated by the Legislature, similar to "skating" as referenced in the statute.
The court emphasized that Van Saun Park represents exactly the type of "open and expansive premises" for which the legislative grant of immunity was intended. The decision reflects the Legislature's policy goal of encouraging property owners to provide recreational opportunities to the public without facing extensive liability exposure.
The unanimous ruling strengthens protections for public entities that operate parks and recreational facilities. Counties, municipalities, and other government bodies that provide free public recreational amenities can rely on LLA immunity when accidents occur during recreational activities, even on maintained facilities like paved paths.
The court's analysis focused on the statutory language defining "recreational activity" and "premises" under the LLA. By categorizing rollerblading as recreational activity akin to skating, the court applied a broad interpretation of activities covered by the immunity provisions.
The decision also reflects the practical reality that public recreational facilities serve important community functions. Van Saun Park's diverse amenities - from playgrounds to athletic fields to nature areas - exemplify the type of comprehensive recreational programming that counties provide to residents at no cost.
For municipalities and counties across New Jersey, the ruling provides clarity on the scope of LLA protections. Local governments can continue operating parks, trails, and recreational facilities with confidence that the immunity provisions will protect them from routine negligence claims arising from recreational use.
The case reinforces that the LLA's protections extend beyond private rural landowners to encompass public entities providing recreational opportunities. This interpretation aligns with the statute's underlying policy of promoting public access to recreational activities.
Plaintiffs seeking to overcome LLA immunity must demonstrate that their activities fall outside the scope of "recreational activity" or that the defendant's conduct exceeds the boundaries of protected activity under the statute. The Arias decision makes clear that common recreational pursuits like rollerblading on park paths will typically receive immunity protection.
The decision may influence similar cases involving injuries on public recreational property throughout New Jersey. Courts will likely apply the same broad interpretation of recreational activities and premises when evaluating LLA immunity claims by public landowners.
For Bergen County specifically, the victory validates its defensive strategy and confirms that operating Van Saun Park as a free public amenity does not create excessive liability exposure for routine maintenance issues like potholes on walking paths.