§5B-1A-9. Limitation on liability of persons making land available for trail use without charge


Published: 2015

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WEST VIRGINIA CODE











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WVC 5B-1A-9

§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

any purpose;

(2) Incur any duty of care toward a person who goes on that

land; or

(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

thereof.

(3) The foregoing applies whether the person going on the land

provided or adjoining is an invitee, licensee, trespasser or

otherwise.

(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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