Supreme Court of New Jersey

Roy Steinberg, ph.D. and Tami Bogutz Steinberg, H/w, Plaintiffs-Appellants v. Sahara Sam’s Oasis, LLC, A/K/A Sahara…

August 23, 2016226 N.J. 344

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the plaintiff's gross‑negligence claim, holding that the waiver did not bar such a claim and that a violation of the Safety Act, while not creating a private cause of action, may be evidence of gross negligence. The court also clarified the definition of gross negligence and remanded for further proceedings.