COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 470

(By Senators Ball, Boley, Minear, Fanning, Bowman, Walker, Snyder, White, Bailey, Schoonover, Dugan, Dittmar, Ross, Scott, Hunter, Sprouse, Love, Craigo and Plymale)

____________

[Originating in the Committee on the Judiciary;

reported March 2, 1998.]

____________


A BILL to amend and reenact section two, article twenty-five, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting duty of landowner; and liability of landowner for injury on property.

Be it enacted by the Legislature of West Virginia:
That section two, article twenty-five, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.

ยง19-25-2. 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.
Subject to the provisions of section four of this article, an owner of land owes no duty of care to keep that land safe for entry or use by trespassers.
_________


(NOTE: The purpose of this bill is to limit liability of landowners to trespassers.)