New Jersey Supreme Court holds that public entities cannot limit liability through waivers in the same way as private entities.

The plaintiff, a security officer who was required to complete a state-approved police training course as a condition of his employment, slipped and fell on a wet substance on the stairs while doing mandatory duty as "lunch recruit." He subsequently filed a lawsuit claiming that the staircase presented a dangerous condition and that the school was liable for negligent supervision and training. The trial court dismissed the complaint on summary judgment and the Appellate Division affirmed. The Supreme Court reversed. Justice Long opined that such waivers deprive citizens of a statutorily authorized remedy, re-establish sovereign immunity, and introduce "randomness into a scheme that was intended to be uniform."

Case Law Alert - 1st Qtr 2011