H. B. 4122
(By Delegates Porter and Lane)
[Introduced January 26, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §37-13A-3 of the Code of West Virginia,
1931, as amended, relating to immunizing caretakers and owners
of cemeteries from liability to persons injured while visiting
a cemetery.
Be it enacted by the Legislature of West Virginia:
That §37-13A-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13A. GRAVES LOCATED UPON PRIVATELY OWNED LANDS.
§37-13A-3. Conduct of persons accessing cemeteries or grave
sites; persons liable for damage; immunity from
liability for owners and caretakers.
(a) All persons exercising access to a grave site or cemetery
under the provisions of this article are responsible for conducting
themselves in a manner that does not damage the private lands, the
cemetery or grave sites and are liable to the owner of the private lands for any damage caused as a result of their access.
(b) Owners and caretakers of a grave site or cemetery may not
be held liable for accidents or injuries to others visiting a grave
site or cemetery for other than acts or omissions involving gross
negligence or intentional acts.
NOTE: The purpose of this bill is to immunize caretakers and
owners of cemeteries from liability to persons injured while
visiting a cemetery.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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