Morgan v. Six Flags Great Adventure, LLC, Sup. Ct. App. Div. Docket No: A-2547-11-T2

An amusement ride is a product within the meaning of the New Jersey Product Liability Act.

The Appellate Division of the Superior Court of New Jersey granted summary judgment to the defendant. The trial judge had ruled that an amusement ride is a product within the meaning of the Product Liability Act (PLA). Therefore, the trial judge concluded that the PLA, N.J.S.A. 2A:58C-1 to 11, was the exclusive remedy for an injury because the defendant (the amusement park) did not design, manufacture or sell the ride but merely sold tickets for admission to it. The defendant amusement park could not be found in violation of New Jersey’s Product Liability Act.

Case Law Alert, 1st Quarter 2014