Roy Steinberg v. Sahara Sam's Oasis, Llc(075294)
142 A.3d 742
| N.J. | 2016Background
- On April 4, 2010 Roy Steinberg was injured on Sahara Sam’s FlowRider (a surf-simulating water attraction) after falling head‑first from a flowboard and suffering a spinal cord injury that left him an incomplete paraplegic.
- Steinberg signed a pre-ride waiver admitting risk and releasing the park from negligence liability; he did not read the waiver or posted 2007 warnings and received only brief oral instructions from an attendant.
- Manufacturer Wave Loch issued a 2008 operator’s manual with stronger, pictorial warnings and recommended rider orientation (first‑time riders lie prone) and operator training; Sahara Sam’s displayed 2007 signage instead of the 2008 recommended signage and did not require written operator training.
- Manufacturer/installer submissions to the DCA relied on the 2007 manual; type certification was granted in 2008 and was not updated with the 2008 manual before the accident.
- Trial court granted Sahara Sam’s summary judgment on negligence and statutory claims based on the waiver and found no gross negligence; Appellate Division affirmed in a split decision. The New Jersey Supreme Court granted certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether record raises triable issue of gross negligence | Steinberg: Sahara Sam’s omissions (no 2008 signage, inadequate instruction/training, failure to provide safety video) could show failure to exercise "slight care" and thus gross negligence | Sahara Sam’s: At most ordinary negligence; DCA type certification and prior inspections show compliance; single training/instruction lapses do not rise to gross negligence | Reversed summary judgment — viewing record for plaintiff, a reasonable jury could find gross negligence |
| Whether violation of the Carnival‑Amusement Rides Safety Act creates a private cause of action | Steinberg (implicitly): Safety Act violations should bar enforcement of waiver or create private remedy | Sahara Sam’s: Safety Act is an administrative enforcement scheme for the DCA, not a private cause of action | No private cause of action; but Safety Act/regulation violations may be admissible evidence of negligence/gross negligence |
| Whether a pre‑injury waiver bars claims based on gross negligence or statutory duties | Steinberg: waiver cannot bar claims for gross negligence or statutory duty breaches | Sahara Sam’s: waiver bars negligence claims; gross negligence is not shown here | Waiver bars ordinary negligence but not gross negligence or breach of duties imposed by statute; gross‑negligence claim survives |
| Proper legal standard for gross negligence | Steinberg: gross negligence means failure to exercise the slightest care or an extreme departure from reasonable care (less than willful misconduct) | Sahara Sam’s /trial courts: equated gross negligence with willful conduct or recklessness | Court adopts Model Jury Charge: gross negligence is more than ordinary negligence but less than willful misconduct; difference is one of degree |
Key Cases Cited
- Stelluti v. Casapenn Enterprises, LLC, 203 N.J. 286 (N.J. 2010) (pre‑injury waivers unenforceable for statutory duty breaches and gross negligence)
- Alloway v. Bradlees, Inc., 157 N.J. 221 (N.J. 1999) (violation of legislated standard admissible as evidence of negligence)
- J.S. v. R.T.H., 155 N.J. 330 (N.J. 1998) (statutory violation may constitute evidence of negligence in appropriate circumstances)
- Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (N.J. 1995) (summary‑judgment standard reviewed on appeal)
- Weinberg v. Dinger, 106 N.J. 469 (N.J. 1987) (business owner’s duty of care to invitees)
- McLaughlin v. Rova Farms, Inc., 56 N.J. 288 (N.J. 1970) (duty of care considers magnitude and likelihood of harm)
- Monaghan v. Holy Trinity Church, 275 N.J. Super. 594 (App. Div. 1994) (gross negligence denotes upper reaches of negligent conduct)