NJ Law Provides Immunity for COVID-19 Spread in Planned Communities
On July 1, Governor Murphy signed legislation that provides immunity from civil liability to a planned real estate development for damages arising from a COVID-19 exposure or transmission on the premises of a planned real estate development.
It requires that the planned real estate development has prominently displayed the following warning:
"ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT."
This immunity would not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct. The law took effect immediately and will expire on January 1, 2022.
The legislation will help planned communities as they look towards opening their swimming pool facilities.