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Presenter outlines West Virginia's "recreational responsibility" laws, limits on landowner liability
Summary
A WVU law student told the Joint Judiciary Committee that West Virginia has nine "recreational responsibility" statutes that narrow operator and landowner liability for inherent risks in outdoor activities while preserving liability for negligent, reckless or intentional conduct.
Senator Mike Stewart convened the Joint Judiciary Committee for its first session and introduced Crofton Higgins, a second-year West Virginia University law student, who delivered an overview of West Virginia's recreational responsibility statutes.
Higgins told lawmakers the state has nine targeted "responsibility acts" that aim to reduce insurance and litigation costs for businesses and landowners who host outdoor recreational activities, while keeping operators liable for negligence, recklessness or intentional misconduct. "The responsibility acts are not designed to blanket, immunize, businesses from liability. It only protects against loss and damage or injury sustained by participants from inherent risk of participation in the sport," Higgins said.
The presenter listed statutes for skiing, whitewater rafting,…
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