NORTH WILDWOOD, N.J. (AP) — A New Jersey town being sued for the drowning death of a man swept out to sea when the sand collapsed underneath him says it is immune from lawsuits due to a state law governing unimproved public property.
North Wildwood claims the law puts the risk for use of such property on the user, and wants the lawsuit dismissed.
Two others have also drowned from similar accidents there since 2009.
Paul D'Amato, the lawyer for one of the victims' family, says the town was negligent in its supervision of a public recreational facility.
In July 2012, Brad Smith was walking with his daughter when the sand collapsed. Someone on a personal watercraft rescued the girl, who was held above the waves by her father before he drowned.