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
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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
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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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