Town’s Boardwalk Owners Not Liable for Grandfather’s Drowning, N.J. Court Rules
Five years ago, a 69-year-old grandpa perished on an off-season family vacation to Point Pleasant Beach, generating boardwalk operator liability debates. The New Jersey appeal court declared Jenkinson’s Boardwalk owners not liable for the death of Anthony Timpanaro, who was swept into the ocean while visiting the beach with his family.
Timpanaro took his son, daughter-in-law, and 7-year-old grandson to the beach on September 23, 2020. A big wave knocked Timpanaro into the ocean when he was on the beach with his grandchildren in beach chairs. Timpanaro died after town police pulled him from the river and performed CPR. He moved to Manchester after retiring from Bayonne postal service.
For coastal safety concerns, the Timpanaro family sued Jenkinson’s Boardwalk in May 2021. Jenkinson’s summary judgment in the initial trial court found the corporation not liable for the accident. The Landowner’s Liability Act (LLA) of New Jersey protected rural or undeveloped landowners who enable public recreation in this ruling.
The appeals court upheld Jenkinson’s claim that the business was innocent. Jenkinson cannot claim LLA immunity for the drowning, the justices noted. Public Access Doctrine, which holds natural resources in trust for the public, makes the ocean freely accessible, the court said.
The family was “business invitees” to the beach, so Jenkinson’s had to warn them of life-threatening conditions, but the court stressed that the water cannot be made safe for recreation. The family was also told the beach was closed and swimming banned. Hurricane Teddy formed days before the catastrophe, and Timpanaro’s lawyers argued for a mandatory shutdown. Point Pleasant had no storm warnings, coastal flood alerts, or state emergencies, the court decided.
Beach signs may have confused people, said appeal judge Jack M. Sabatino. The “BEACHES CLOSED” sign over the “NO SWIMMING” warning may have misled. The court found that the family knew swimming was prohibited, thus this misunderstanding did not affect the outcome.
The Timpanaro family can appeal to the New Jersey Supreme Court after Jenkinson’s Boardwalk won. Their attorneys say juries should have made these determinations, not judges.
This case highlights boardwalk and beach operators’ off-season liabilities, responsibilities, and how public access to natural resources intersects with private recreational management.
Sources:
New Jersey Appellate Court Decisions
Public Access Doctrine, New Jersey State Government
Landowner’s Liability Act, New Jersey Statutes
Statements from Timpanaro Family Attorneys
