West Virginia law
Premises Liability Laws in West Virginia.
West Virginia abolished the traditional invitee/licensee distinction for premises-liability claims in Mallet v. Pickens (1999), imposing a unified "reasonable care" standard toward all non-trespassers. The statute of limitations is 2 years (W. Va. Code § 55-2-12). West Virginia applies modified comparative fault under W. Va. Code § 55-7-13a — a plaintiff who is more than 50% at fault is barred from recovery, with damages otherwise reduced by the plaintiff's percentage of fault.
Last verified: 2026-04-20
State law
Statute of Limitations
2-year limitation for personal-injury claims, including premises liability.
State law
Fault & Liability Rules
West Virginia applies modified comparative fault. A plaintiff whose fault is more than 50% is barred from recovery. Otherwise, damages are reduced in proportion to the plaintiff's fault. West Virginia adopted this framework in 2015, replacing a common-law pure comparative-fault rule.
State law
Key West Virginia Statutes
West Virginia's recreational-use statute — limits landowner liability to persons using the land for recreational purposes without fee, absent willful or wanton conduct.
Distinctive West Virginia statute limiting liability of commercial whitewater-rafting operators for inherent risks of the activity — an important feature given West Virginia's major rafting industry.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.
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