Introduced Version
Senate Bill 2 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 2
(By Senators Sypolt, Barnes, Blair, Stollings, D. Hall, McCabe,
Williams, Cole and Carmichael)
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[Introduced February 13, 2013; referred to the Committee on
Natural Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §19-25-2 of the Code of West Virginia,
1931, as amended, relating to limiting a landowner's civil
liability for injuries that may occur to a person or property
on the landowner's property or surrounding property while
hunting.
Be it enacted by the Legislature of West Virginia:
That §19-25-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.
§19-25-2. Limiting duty of landowner generally.
(a) 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.
(b) 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 his or her property for
recreational or wildlife propagation purposes does not thereby:
(a) (1) Extend any assurance that the premises are safe for any
purpose; or (b) (2) confer upon such persons the legal status of an
invitee or licensee to whom a duty of care is owed; or (c) (3)
assume responsibility for or incur liability for any injury to
person or property caused by an act or omission of such the
persons; or (4) assume responsibility for or incur liability for
any injury to person or property, wherever the person or property
is located, caused while hunting.
NOTE: The purpose of this bill is to limit a landowner's civil
liability for injuries that may occur to person or property on the
landowner's property or surrounding property while hunting.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.