Bill Text: WV SB598 | 2018 | Regular Session | Comm Sub
Bill Title: Relating to civil actions against county commissions and municipalities for injuries
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2018-02-28 - To House Judiciary [SB598 Detail]
Download: West_Virginia-2018-SB598-Comm_Sub.html
WEST virginia legislature
2018 regular session
Committee Substitute
for
Senate Bill 598
By Senators Trump, Ferns, Weld, and Cline
[Originating in the Committee on Government Organization; Reported on February 22, 2018]
A BILL to amend and reenact §17-10-17 of the Code of West Virginia, 1931, as amended, relating to civil actions for damages brought against county commissions and municipalities by persons injured by reason of a slip, trip, fall, or similar injury resulting from defect in, disrepair or maintenance of, or failure to maintain or repair, or injury resulting from the proximate cause of an on-site employee with exceptions, on any road, bridge, street, sidewalk, alleyway, or public walkway.
Be it enacted by the Legislature of West Virginia:
ARTICLE 10. COUNTY COURTS
COMMISSIONS; MUNICIPALITIES; GENERAL AUTHORITY AND DUTIES AS TO ROADS, ETC.
§17-10-17. Action for
damages occasioned by defective road, bridge, street, etc defect in, disrepair
or maintenance of, or failure to maintain or repair any road, bridge, street,
sidewalk, alleyway, or public walkway, etc.
Any person who sustains
an injury to his person or property by reason of any road or bridge under the
control of the county court or any road, bridge, street, alley or sidewalk in
any incorporated city, town or village being out of repair due to the
negligence of the county court, incorporated city, town or village may recover
all damages sustained by him by reason of such injury in an action against the
county court, city, town or village in which such road, bridge, street, alley
or sidewalk may be, except that such city, town or village shall not be subject
to such action unless it is required by charter, general law or ordinance to
keep the road, bridge, street, alley or sidewalk therein, at the place where
such injury is sustained, in repair. If it is not so required, the action and
remedy shall be against the county court. When judgment is obtained against the
county court, such court shall at the time of the laying of the next annual
levy, levy upon the taxable property of the district in which such injury is
sustained a sufficient sum to pay such judgment with interest and costs, and
the costs of collecting the same, and when it is obtained against the city,
town or village the proper municipal authorities thereof shall lay such levies
at the time of levying the next annual levy on the property subject to taxation
in such city, town or village. In case of a failure by either so to do, or to
pay the judgment as required by law, the circuit court of the county for which
such county court acts or in which such city, town or village or the major
portion of the territory thereof is located shall compel the laying of such
levy, or the payment of such judgment, or both, by mandamus.
(a) Notwithstanding any other provision of the code to the contrary, beginning on July 1, 2018, all claims or actions against a county commission or municipality seeking damages for injury to person or damage to property arising from or related to a slip, trip, fall, or similar injury as a result of any defect in, disrepair or maintenance of, or failure to maintain or repair any road, bridge, street, sidewalk, alleyway, stairway, or other public walkway or area used for travel, ingress, or egress that is owned, controlled, or maintained by a county commission or municipality is subject to the requirements and limitations set forth in this section.
(b) Any person who sustains an injury to his or her person or property by reason of a slip, trip, fall, or similar injury as a result of any defect in, disrepair or maintenance of, or failure to maintain or repair any road, bridge, street, sidewalk, alleyway, stairway, or other public walkway or area used for travel, ingress, or egress that is owned, controlled, or maintained by a county commission or municipality may recover civil damages sustained by him or her in an action against the county commission or municipality, subject to the following requirements and limitations:
(1) The injury and/or damage is directly caused by employees of the county commission or municipality who are physically present at the site performing construction, maintenance, repair, or cleaning, but excluding inspection of work being performed by others or materials being used by others, where and when the injury and/or damage is sustained; or
(2) The injury and/or damage arises from a defect in, disrepair of, or failure to maintain or repair any road, bridge, street, sidewalk, alleyway, stairway, or other public walkway or area used for travel, ingress, or egress, due to the gross negligence of the county commission or municipality.
(c) With regard to any action subject to the requirements and limitations of this section, the county commission or municipality owes no duty of care to protect against, and is not liable for dangers or conditions that are open and obvious, reasonably apparent or as well known to the person injured as they are to the county commission or municipality. In its application of the open and obvious doctrine, a court as a matter of law shall appropriately apply the doctrine considering the nature and severity, or lack thereof, of violations of any statute, state rule, or municipal ordinance relating to a cause of action.
(d) This section does not diminish or limit the protections afforded to county commissions and municipalities by other provisions of this code, including, but not limited to, the immunities granted by §29-12A-1 et seq. of this code.
NOTE: The purpose of this bill is to reform the liability of municipalities and county commissions for civil actions brought by reason of a slip and fall injury due to defect in or disrepair of municipal or county owned property.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
