The West Virginia Senate is weighing a bill that would ensure that property owners face very limited liability from trespassers on their land.
In general, common law states that property owners cannot be sued by trespassers unless they recklessly or intentionally injure the trespasser.
The bill, scheduled for a vote on Tuesday, would lock that common law into written legislation.
A recent publication of the non-binding but influential American Law Institute dissolves some of the legal distinctions between trespassers and regular invitees. The institute advises that property owners are still protected against suit from “flagrant” trespassers, but other trespassers would have added legal standing.
The legislation would limit the traditional discretionary authority of judges to interpret common law practices on a case by case basis.
Topics Virginia
Was this article valuable?
Here are more articles you may enjoy.
US P/C Insurers Post Biggest Q1 Underwriting Profit in 25 Years 
After Complaint, GEICO Agrees to Modify Cancellation Process That Uses AI 
Viewpoint: The AI Boom – When Risk Stops Being Rare, Insurance Must Evolve 
NC Jury Award for Workers Injured in Wall Collapse May be Largest in State History 
