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Introduced Version House Bill 4374 History

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H. B. 4374

 

(By Delegates Hartman, Williams, C. Miller, Canterbury, Rowan, Walker and Azinger)


        [Introduced February 1, 2012; referred to the

               Committee on Natural Resources then the Judiciary.]

 

A BILL to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner from civil liability for injuries that may occur to a person or property on the landowner’s property or surrounding property caused while hunting.

Be it enacted by the Legislature of West Virginia:

    That §19-25-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.

§19-25-2. Limiting duty of landowner generally.

     (a) 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.

    (b) 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 his or her property for recreational or wildlife propagation purposes does not thereby: (a) (1) Extend any assurance that the premises are safe for any purpose; or (b)

    (2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c)

    (3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such the persons; or

    (4) Assume responsibility for or incur liability for any injury to person or property, wherever the person or property is located, caused while hunting.



    NOTE: The purpose of this bill is to limit the landowner from civil liability for injuries that may occur to person or property on the landowner’s property or surrounding property caused while hunting.


    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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