Mahwah May 11, 2011 THE VILLADOM TIMES IV • Page 9 Council supports immunity from injury lawsuits by Frank J. McMahon The Mahwah Council is urging New Jersey lawmakers to pass proposed legislation to strengthen the immunity of municipalities from civil legal claims involving injuries on sidewalks, beaches, boardwalks, and similar public properties caused in part by weather conditions. Assemblyman John Burzichelli (D-3 Salem, Cumberland, and Gloucester) has introduced a package of legislation consisting of three bills, A-3430, A-3431, and A-3432, to provide that immunity. The bills would prohibit lawsuits against public entities in situations where weather conditions contributed to an injury that occurred on public properties. “It is unarguable that a public entity cannot control the weather,” Burzichelli states in the legislation, “and it is the sponsor’s hope that this bill will assist public entities at all levels of government by reducing the burdensome insurance and litigation expenses they are forced to incur. This would have a positive impact on the residents of the state, especially the overly burdened property taxpayer, by reducing the cost of government, particularly at the local level.” The resolution passed by the Mahwah Council explained that injuries that occur on sidewalks that abut commercial property are the responsibility of the commercial property owner, but courts have ruled that injuries that occur on sidewalks that abut residential property are not the responsibility of the homeowner, even when the homeowner is responsible for the maintenance and repair of the sidewalk by a municipal ordinance. In addition, the resolution points out that under the provisions of Title 59, the state law that sets limits on the liability of public entities for their negligence, those public entities are immune from injury “caused solely by weather” on streets and sidewalks. However, courts have ruled that the municipality, not the homeowner, is liable for accidents on defective sidewalks notwithstanding the municipality’s ordinance. “Despite this language,” the resolution states, “in many cases municipalities and other public entities still have been forced to pay large amounts of money in damages when courts ruled that because other factors contributed to the accident, the Title 59 immunity didn’t apply because the accident was not ‘solely’ caused by weather, and municipalities and other public entities have also been forced to pay large amounts of money in damages for accidents occurring on other public property that were substantially caused by weather.” The resolution also claims that, in many cases, municipalities have been forced to pay large amounts of money in damages for claims by swimmers injured in the ocean, and public entities have incurred large costs in defending lawsuits by persons injured while walking on municipal boardwalks. The proposed legislation was introduced in October 2010 and is currently in the Assembly Judiciary Committee. Grace and Truth Chapel, located at 131 Fardale Avenue in Mahwah, will host a screening of “Saint John in Exile” on Sunday, June 5 at 1:45 p.m. Admission is free. This dramatic presentation portrays the experiences of Saint John as a follower of Jesus. Light refreshments will be provided after the program. No monetary collections will be taken. The movie is approximately 90 minutes long. Directions and details are available at www.gtchapel. org, (201) 327-6226, or e-mail gtchapel@juno.com. Grace and Truth Chapel, a non-denominational group of Bible-believing Christians, offers services and Family Bible Hour each Sunday, beginning with coffee and refreshments at 11:15 a.m. A meeting for prayer and Bible study is held Wednesdays at 7:45 p.m. ‘Saint John in Exile’ presented CRAFTSMANSHIP AND QUALITY MATERIALS COMBINED WITH HOME HARDWARE VALUE See Our Selection Of Wood Patio and Deck Furniture, You Won’t Believe How Much You Get For Your Money FREE ASSEMBLY a Picnic T ble FREE DELIVERY 27 Franklin Tpk, Waldwick Mon-Wed 7:30-6, Thurs & Fri 7:30-8, Sat 8-5 www.homehardwaresupply.com Adirond ac Chair k 201-652-5666 Open Sundays 9-3