Advertising Disclosure Email Disclosure

The Charitable Immunity Act does not protect the YMCA from liability for negligence.

January 3, 2017
Walters v. YMCA, 2015 NJ Super. Unpub. LEXIS 2315

In a case previously seen as a discussion of when a waiver does not apply to an activity that is not inherent to the sport (swimming) but to general premises liability (slip on a wet floor), the Essex County trial court and the Superior Court of New Jersey went through several discussions on reconsideration to reach the ultimate determination that the YMCA could not be immune from liability as a charitable organization within the intendment of N.J. S.A. 2A:53-7. Ultimately, the court found that the organization was not “clearly” organized for religious or educational purposes, subjecting the YMCA to an evidentiary hearing on whether it was “charitable.” Because a majority of its revenue was derived from sources other than contributions and grants, the court found it was not.

 

Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Alicia M. Smith
Shareholder
(856) 414-6072
amsmith@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."