Bill Text: WV HB2679 | 2021 | Regular Session | Introduced
Bill Title: Relating to cause of action for the spread of a communicable disease
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2021-02-23 - To House Judiciary [HB2679 Detail]
Download: West_Virginia-2021-HB2679-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2679
By Delegates Steele, Foster, J. Pack, and Graves
[Introduced February 23, 2021; Referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §16-3-14 relating to cause of action for the spread of a communicable disease; providing that no cause of action shall be maintained in any court under certain conditions; providing for an evidentiary standard; providing for reasonable attorney’s fees and costs under certain conditions; providing that the transmission of the communicable disease must have been a knowing and intentional act; and providing for the burden of proof on the plaintiff.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-14. Cause of action regarding spread of communicable disease.
No cause of action shall be maintained for the unintentional transmission or contraction of a communicable disease, and any court of this state hearing such a cause of action shall dismiss said action upon motion of a defending party unless there is a preponderance of the evidence presented by the non-moving party that the transmission of the communicable disease was a knowing and intentional act of the defendant. Any defendant responding to a complaint alleging damages due to the spread of a communicable disease shall be entitled to reasonable attorney’s fees and costs unless the plaintiff or plaintiffs present a preponderance of the evidence that the transmission of the communicable disease was a knowing and intentional act of the defendant. It shall be the burden of the plaintiff in any case to prove, by a preponderance of the evidence, that the transmission or contraction of a communicable disease was a knowing and intentional act of the defendant.
NOTE: The purpose of this bill is to establish a cause of action for regarding the spread of communicable diseases under certain conditions.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
