Monday, February 21, 2011

WV Legislature considering bill limiting landowner's liability for injuries occurring on property while hunting.

The bane of many a landowner in West Virginia involves those who decide to enjoy the sport of hunting while trespassing on the land of another. Senate Bill 83 (currently bottled up in ths Senate Natural Resources Committee) would prescribe that an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational or wildlife propagation purposes, or to give any warning of a dangerous or hazardous condition, use, structure or activity on such premises to persons entering for such purposes. In addition, an owner of land who either directly or indirectly invites or permits without charge does not assume responsibility for or incur liability for any injury to person or property, wherever the persons or property is located, caused while hunting.

Typically a land owner who invites one onto their property does owe a certain duty of care to those who take up that invite and enter the property. Some may ask why should only those landowners who invite others onto their property to hunt enjoy almost absolutle immunity from possible lawsuit, while others who may invite others for different purposes would not????


http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=83&year=2011&sessiontype=RS&btype=bill

No comments:

Post a Comment