SB562 S JUD AM #1
Ojeda 7980
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §17-10-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. COUNTY commissions; MUNICIPALITIES; GENERAL AUTHORITY AND DUTIES AS TO ROADS, ETC.
§17-10-17. Action for
damages occasioned by defective defect in, disrepair, maintenance of,
or failure to maintain or repair any road, bridge, street, sidewalk,
alleyway, public walkway, etc.
Any person who sustains
an injury to his person or property by reason of any road or bridge under the
control of the county court or any road, bridge, street, alley or sidewalk in
any incorporated city, town or village being out of repair due to the negligence
of the county court, incorporated city, town or village may recover all damages
sustained by him by reason of such injury in an action against the county
court, city, town or village in which such road, bridge, street, alley or
sidewalk may be, except that such city, town or village shall not be subject to
such action unless it is required by charter, general law or ordinance to keep
the road, bridge, street, alley or sidewalk therein, at the place where such
injury is sustained, in repair. If it is not so required, the action and remedy
shall be against the county court. When judgment is obtained against the county
court, such court shall at the time of the laying of the next annual levy, levy
upon the taxable property of the district in which such injury is sustained a
sufficient sum to pay such judgment with interest and costs, and the costs of
collecting the same, and when it is obtained against the city, town or village
the proper municipal authorities thereof shall lay such levies at the time of levying
the next annual levy on the property subject to taxation in such city, town or
village. In case of a failure by either so to do, or to pay the judgment as
required by law, the circuit court of the county for which such county court
acts or in which such city, town or village or the major portion of the
territory thereof is located shall compel the laying of such levy, or the
payment of such judgment, or both, by mandamus.
(a) Notwithstanding any other provision of the code to the contrary, beginning on July 1, 2017, all claims or actions against a county commission or municipality seeking damages for injury to person or property for a slip, trip, fall or similar injury as a result of any defect in, disrepair or maintenance of, or failure to maintain or repair, any road, bridge, street, sidewalk, alleyway, stairway or other public walkway or area used for travel, ingress or egress, that is owned, controlled or maintained by a county commission or municipality are subject to the requirements of this section.
(b) Any person who sustains an injury to his or her person or property by reason of a slip, trip, fall or similar injury as a result of any defect in, disrepair or maintenance of, or failure to maintain or repair, any road, bridge, street, sidewalk, alleyway, stairway or other public walkway or area used for travel, ingress or egress, that is owned, controlled or maintained by a county commission or municipality may recover civil damages sustained by him or her by reason of the injury in an action against the county commission or municipality, subject to the following limitations:
(1) The injury directly results from and occurs while employees of the county commission or municipality are physically present at the site performing construction, maintenance, repair or cleaning, but excluding inspection of work being performed, or materials being used, by others, where and when the injury is sustained; or
(2) The injury arises from a defect in, the disrepair or maintenance of, or the failure to maintain or repair, any road, bridge, street, sidewalk, alleyway, stairway or other public walkway or area used for travel, ingress or egress, due to the gross negligence of the county commission or municipality.
(c) With regard to any action arising under this section, the county commission or municipality owes no duty of care to protect against, and is not liable for, dangers that are open and obvious, reasonably apparent, or as well known to the person injured as they are to the county commission or municipality. In its application of the open and obvious doctrine, a court as a matter of law shall appropriately apply the doctrine considering the nature and severity, or lack thereof, of violations of any statute, state rule or municipal ordinance relating to a cause of action.
(d) This section does not diminish or limit the protections afforded to county commissions and municipalities by other provisions of this code, including the immunities granted by article twelve-a, chapter twenty-nine of this code.
Adopted
Rejected