Question of fact as to whether use of a beach ramp by pedestrians is foreseeable.

The plaintiff’s claim survived a motion for summary judgment by the city of Margate pursuant to the New Jersey Tort Claims Act. The court found it was foreseeable that a beach access ramp intended for beach vehicles would be used by pedestrians, and that the slope and protruding nails would be a foreseeable harm to pedestrians, who were likely barefoot when accessing the beach. Because a jury could conclude that the ramp created a “substantial risk of injury,” summary judgment was denied.

Case Law Alerts, 1st Quarter, January 2015