ENROLLED

H. B. 2726

                        (By Delegate Shott, Folk, Overington, Sobonya, Azinger, Deem and Waxman)

                        [Passed March 3, 2015; in effect July 1, 2015.]

AN ACT to amend and reenact §55-8-16 of the Code of West Virginia, 1931, as amended, relating to choice of law in product liability actions; and establishing the effective date of the amendments enacted in 2015.

Be it enacted by the Legislature of West Virginia:

            That §55-8-16 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 8. ACTIONS ON CONTRACTS.

§55-8-16. Choice of law in product liability actions.

            (a) It is public policy of this state that, in determining the law applicable to a product liability claim brought by a nonresident of this state against the manufacturer or distributor of a prescription drug or other product, all liability claims at issue shall be governed solely by the product liability law of the place of injury ("lex loci delicti").

             (b) The amendments to this section enacted in 2015 shall be applicable prospectively to all civil actions commenced on or after July 1, 2015.