Garrison v. Township of Middletown

The opinion of the Court was delivered by

POLLOCK, J.

The New Jersey Tort Claims Act (Act), N.J.S.A. 59:4-la, defines a “dangerous condition” on the property of a public entity as “a condition of property that creates a substantial risk of injury when such property is used with due care in a manner in which it is reasonably foreseeable that it will be used.” This appeal questions the extent to which the reasonableness of a claimant’s use of property is relevant to the determination whether the condition of the public entity’s property was dangerous. The Law Division granted the motion for…