SB 751
Limiting landowner liability when land is used for certain purposes
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to limit the liability of landowners in West Virginia when individuals enter their property for specific purposes, including noncommercial recreation, wildlife propagation, military training, law enforcement training, and homeland defense. It clarifies existing legal language and seeks to align it with previous court decisions. The bill essentially reduces the level of responsibility landowners have to ensure the safety of those using their land for these designated activities, particularly when no fee is charged.
Key provisions
- Limits landowner liability for injuries on land used for noncommercial recreation, wildlife propagation, military training, law enforcement training, and homeland defense.
- Clarifies statutory language in light of the Mallet v. Pickens court case.
- Defines key terms such as ‘recreational purposes,’ ‘charge,’ and ‘land.’
- Specifies that landowners owe no duty of care to keep land safe for entry or use for these specific training purposes.
- States that landowners do not guarantee the safety of the premises to those using the land for these purposes.
- Excludes liability for deliberate, willful, or malicious acts.
- Limits fees that can be charged for recreational activities to a maximum of $50 per year per participant.
- Addresses liability for land used for wildlife propagation purposes.
Who is affected
- Landowners in West Virginia
- Individuals engaging in noncommercial recreation
- Government agencies conducting training exercises
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