Smith v. Fireworks by Girone, Inc.

On this appeal we are asked to interpret the language of the New Jersey Tort Claims Act (TCA) that requires, as a prerequisite to public entity liability, that the public property must be in a “dangerous condition at the time of the injury.” N.J.S.A. 59:4-2. Here, the ten-year-old plaintiff suffered severe damage to his left hand after successfully igniting a firework he found in a municipal park following a municipal fireworks display. The explosion occurred on private property over a month after the child removed *203the firework from the park. Plaintiff sued and the public entity moved for…