H. B. 3253
(By Delegate Morgan (By Request))
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §55-7-15 of the Code of West Virginia,
1931, as amended, relating to liability of persons voluntarily
rendering aid to another in peril; and, narrowing the
exemption from liability for persons who voluntarily render
aid to another person who is injured in an accident or a crime
when the person takes reasonable actions to aid a person by
providing that the injuries must be life threatening.
Be it enacted by the Legislature of West Virginia:
That §55-7-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-15. Aid to victim of accident and victim of crime; immunity
from civil liability.
No person, including a person licensed to practice medicine or
dentistry, who in good faith renders emergency care at the scene of
an accident or to a victim at the scene of a crime, without
remuneration, shall be is liable for any civil damages as the result of any act or omission in rendering such the emergency care
if the injury to the victim of the accident or crime is life
threatening.
NOTE: The purpose of this bill is to narrow the exemption from
liability for persons who voluntarily render aid to another person
who is injured in an accident or a crime when the person takes
reasonable actions to aid a person by providing that the injuries
must be life threatening.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.