W. Va. Code § 19-25-3

Current through 2024 First Special Session

Section 19-25-3 - Limiting duty of landowner who grants a lease, easement or license of land to federal, state, county or municipal government or any agency thereof

Unless otherwise agreed in writing, an owner who grants a lease, easement or license of land to the federal government or any agency thereof, or the state or any agency thereof, or any county or municipality or agency thereof, for military, law-enforcement or homeland-defense training or recreational or wildlife propagation purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon the land of any dangerous or hazardous conditions, uses, structures or activities thereon. An owner who grants a lease, easement or license of land to the federal government or any agency thereof, or the state or any agency thereof, or any county or municipality or agency thereof, for military, law-enforcement or homeland-defense training or recreational or wildlife propagation purposes does not by giving a lease, easement or license:

(a) Extend any assurance to any person using the land that the premises are safe for any purpose; or

(b) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or

(c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land. The provisions of this section apply whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise.

W. Va. Code § 19-25-3

Amended by 2012 Acts, ch. 116 (SB 605), eff. 6/8/2012.