H.
B.
4685
(By Delegates Nichols, Mezzatesta, L. Williams,
Stewart and Tribett
[Introduced March 2, 1994; referred to the
Committee on the Judiciary.]
A BILL to amend article one, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-b, relating to limiting the liability for railroad operations primarily intended for the tourist trade.
Be it enacted by the Legislature of West Virginia:
That article one, chapter five-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen-b, to read as follows:
ARTICLE 1. DIVISION OF TOURISM AND PARKS.
§
5B-1-16b. Limitation of liability for railroad tourist
attractions.
Notwithstanding any provision of law to the contrary, no railroad system, company, line or operation operating in this state exclusively as a commercial enterprise intended as an attraction for tourism or scenic enjoyment and not for the purposes of commercial public transit, may be liable for loss, injury or damage resulting from any failure to perform a duty or from negligent acts except in the following circumstances:
(a) When any failure to perform a duty or when a negligent act or omission constitutes gross negligence or willful and wanton conduct by an agent, employee or officer of any such railroad system, company, line or operation which is the proximate cause of injury, loss or damage; or
(b) When any injury, loss or damage is caused by intentional acts by any agent, employee or officer of any such railroad system, company, line or operation.
NOTE: The purpose of this bill is to limit potential liability for railroads that are intended for tourism and scenic enjoyment.
This section is new; therefore, strike-throughs and underscoring have been omitted.