Introduced Version
House Bill 2582 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2582
(By Delegates Fleischauer, Miley, Hunt, Longstreth,
Pino, Ellem, Overington and Frich)
[Introduced February 21, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-27, relating to
the liability of a possessor of real property for harm to a
trespasser.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §55-7-27, to read as
follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-27. Liability of possessor of real property for harm to a
trespasser.
__________
(a)
A possessor of real property, including an owner, lessee
,
or other lawful occupant, owes no duty of care to a trespasser
except in those circumstances where a common law right-of-action
existed as of the effective date of this section
, including the duty to refrain from willfully or wantonly causing the trespasser
injury.
__________(b)
A possessor of real property may use justifiable force to
repel a criminal trespasser as provided by section twenty-two of
this article.
__________(c) This section does not increase the liability of any
possessor of real property and does not affect any immunities from
or defenses to liability established by
another section of this
code
or available at common law to which a possessor of real
property may be entitled.
__________(d) The Legislature intends to codify and preserve the common
law in West Virginia on the duties owed to trespassers by
possessors of real property as of the effective date of this
section.
NOTE: The purpose of this bill is to codify existing common
law in West Virginia as it relates to the duty of care possessors
of property owe trespassers.
This section is new; therefore, it has been completely
underscored.
This bill was recommended for introduction and passage during
the Regular Session of the Legislature by the Joint Judiciary
Committee.