Trespasser Liability Reform: S.B. 1410 (2012)

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Codifies the common law regarding liability of a possessor of


Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land.  Provides that except in a few specific instances, a possessor of real property, including an owner, lessee, or other occupant, or an agent of such owner, lessee, or other occupant, owes no duty of care to a trespasser except to refrain from harming the trespasser by a willful or wanton act.

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]