Senate Bill No. 80
(By Senators Ball, Snyder, Hunter, Deem, Sharpe, Love, Dawson,
Anderson, Ross and Minard)
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[Introduced January 14, 2000; referred to the Committee
on the Judiciary.]
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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 limiting 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.
§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 the
premises to persons entering for such those 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 the 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 those 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 those
persons.
An owner of land owes no duty of care to keep that land safe
for entry or use by trespassers or to give warning to trespassers
of any dangerous or hazardous conditions, uses, structures or
activities on the land.
NOTE: The purpose of this bill is to limit liability of
landowners with regards to trespassers.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.