H. B. 4122


(By Delegates Porter and Lane)
[Introduced January 26, 2006; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §37-13A-3 of the Code of West Virginia, 1931, as amended, relating to immunizing caretakers and owners of cemeteries from liability to persons injured while visiting a cemetery.

Be it enacted by the Legislature of West Virginia:
That §37-13A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
 ARTICLE 13A. GRAVES LOCATED UPON PRIVATELY OWNED LANDS.
§37-13A-3. Conduct of persons accessing cemeteries or grave sites; persons liable for damage; immunity from liability for owners and caretakers.

(a) All persons exercising access to a grave site or cemetery under the provisions of this article are responsible for conducting themselves in a manner that does not damage the private lands, the cemetery or grave sites and are liable to the owner of the private lands for any damage caused as a result of their access.
(b) Owners and caretakers of a grave site or cemetery may not be held liable for accidents or injuries to others visiting a grave site or cemetery for other than acts or omissions involving gross negligence or intentional acts.



NOTE: The purpose of this bill is to immunize caretakers and owners of cemeteries from liability to persons injured while visiting a cemetery.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.