WEST VIRGINIA CODE
§5B-1A-9. Limitation on liability of persons making land available
for trail use without charge.
(a) General rule. -- Except as specifically recognized or
provided in subsection (d) of this section, an owner or lessee who
provides the public with land for use as a trail under this article
or who owns land adjoining any trail developed under this article
owes no duty of care to keep the land safe for entry or use by
others for recreational purposes, or to give any warning to persons
entering or going on the trail or adjoining land of a dangerous
condition, use, structure or activity thereon.
(b) Owner. -- Any person, public agency or corporation owning
an interest in land utilized for recreational trail purposes
pursuant to this article shall be treated as an "owner" for
purposes of this article.
(c) Specific limitations on liability. -- Except as
specifically recognized by or provided in subsection (d) of this
section, an owner or lessee who provides the public with land or
who owns adjoining land to the trail under this article is not, by
providing that trail or land or owning land adjoining the trail:
(1) Presumed to extend any assurance that the land is safe for
(2) Incur any duty of care toward a person who goes on that
(3) Become liable for any injury to persons or property caused
by an act or an act of omission of a person who goes on that land.
(d) Exception. --
(1) This section does not apply to the owner or lessee of the
land used as a trail if there is any charge made or usually made
for entering or using the trail or land, or any part thereof.
(2) This section does not apply to the owner of land adjoining
a trail if there is any charge made or usually made by the owner of
such adjoining land for using the trail or land, or any part
thereof, or if any commercial or other activity relating to the use
of the trail whereby profit is derived from the patronage of the
general public is conducted on such adjoining land, or on any part
(3) The foregoing applies whether the person going on the land
provided or adjoining is an invitee, licensee, trespasser or
(e) This article does not relieve any person of liability
which would otherwise exist for deliberate, willful or malicious
injury to persons or property. The provisions of this article do
not create or increase the liability of any person.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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