H. B. 2265
(By Delegates Louisos and Pino)
[Introduced February 24, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen, relating to immunity from civil liability by
owners or occupants of single family residences or
multifamily dwellings if a person is injured by any means
while on the premises for any unlawful purpose or activity.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-18. Persons injured in single family residence or
multifamily dwelling while engaged in unlawful
purpose or activity; immunity from civil liability.
Any person, including a person who owns a single familyresidence or who is a tenant or other resident of a single family
residence or owner, tenant or resident of a multifamily dwelling,
is not liable for any civil damages as the result of any act or
omission if another person enters the residence or dwelling for
any unlawful purpose or activity and is injured, either
accidentally or intentionally by any means, while on the premises
of the residence or dwelling.
NOTE: The purpose of this bill is to limit civil liability
for owners or occupants of single family residences or
multifamily dwellings if another person is injured by any means
while engaged in an unlawful activity on the premises of the
residence or dwelling.
§55-7-18 is new; therefore, strike-throughs and underscoring
have been omitted.