Senate Bill No. 378
(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Oliverio,
Ross, Schoonover, Snyder, White, Wiedebusch, Buckalew, Deem, Kimble
and Scott)
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[Originating in the Committee on the Judiciary;
reported March 19, l997.]
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A BILL to amend and reenact sections one, two and four, article
twenty-five, chapter nineteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, all relating
to encouraging private landowners to allow the public to enter
private lands for recreational purposes; providing for
limitation of landowner liability for injury to persons
entering private property and injury to the property of
persons entering such property; and providing an exception for
liability for deliberate, intentional or malicious infliction
of injury.
Be it enacted by the Legislature of West Virginia:
That sections one, two and four, article twenty-five, chapter
nineteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.
§19-25-1. Purpose.
The purpose of this article is to encourage owners of land to
make available to the public land and water areas for military
training or recreational or wildlife propagation purposes by
limiting their liability toward for injury to persons entering
thereon and for injury to the property of persons entering thereon
and toward limiting their liability to persons who may be injured
or otherwise damaged by the acts or omissions of persons entering
thereon.
§19-25-2. Limiting duty of landowner generally.
Subject to the provisions of section four of this article, an
owner of land owes no duty of care to keep the premises safe for
entry or use by others for recreational or wildlife propagation
purposes, or to give any warning of a dangerous or hazardous
condition, use, structure or activity on such premises to persons
entering for such purposes.
Subject to the provisions of section four of this article, an
owner of land who either directly or indirectly invites or permits
without charge as that term is defined in section five of this
article, any person to use such property for recreational or
wildlife propagation purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; or (b) confer
upon such persons the legal status of an invitee or licensee to
whom a duty of care is owed; or (c) assume responsibility for or
incur liability for any injury to person or property caused by an
act or omission of such persons.
§19-25-4. Application of article.
Nothing herein limits in any way any liability which otherwise
exists: (a) For deliberate, willful or malicious failure to guard
or warn against a dangerous or hazardous condition, use, structure
or activity infliction of injury to persons or property
; or (b) for
injury suffered in any case where the owner of land charges the
person or persons who enter or go on the land other than the
amount, if any, paid to the owner of the land by the federal
government or any agency thereof, the state or any agency thereof,
or any county or municipality or agency thereof.
Nothing herein creates a duty of care or ground of liability
for injury to person or property.
Nothing herein limits in any way the obligation of a person
entering upon or using the land of another for recreational or
wildlife propagation purposes to exercise due care in his or her
use of such land and in his or her activities thereon.
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(NOTE: The purpose of this bill is to encourage private
landowners to allow the public to use private lands for
recreational purposes by clarifying the extent of landowner liability and increasing the amounts a private landowner may charge
for use of land under this article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)