SB 598 — Relating to civil actions against county commissions and municipalities for injuries

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 598 By Senators Trump, Ferns, Weld, and Cline [Introduced[Originating Februaryin 19,the 2018;Committee on Government Organization;

ReferredReported on February 22, 2018] A BILL to amend and reenact §17-10-17 of the CommitteeCode 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 Governmentany Organization;road, bridge, street, sidewalk, alleyway, or public walkway.

and then to the Committee on the Judiciary] 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, maintenance of, or failure to maintain or repair any road, bridge, street, sidewalk, alleyway, or public walkway.

COUNTY COURTS;COURTS COMMISSIONS;

Action for damages occasioned by defective road, bridge, street, etc defect in, disrepair,disrepair or maintenance of, or failure to maintain or repair any road, bridge, street, sidewalk, alleywayalleyway, or public walkway, etc.

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 mandamusmandamus. (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)(a) AnyNotwithstanding personany whoother sustainsprovision anof injurythe code to histhe contrary, beginning on July 1, 2018, all claims or heractions against a county commission or municipality seeking damages for injury to person or damage to property byarising reasonfrom ofor related to a slip, trip, fall, or similar injury as a result of any defect in, disrepairdisrepair, or maintenance of, or failure to maintain or repair,repair any road, bridge, street, sidewalk, alleyway, stairway, or other public walkway or area used for travel, ingressingress, or egress,egress that is owned, controlledcontrolled, or maintained by a county commission or municipality mayis recoversubject civilto damagesthe sustainedrequirements byand himlimitations orset herforth in anthis actionsection. against the county commission or municipality, subject to the following requirements and limitations:

(1)(b) TheAny person who sustains an injury and/orto damagehis directlyor resultsher fromperson andor occursproperty whileby employeesreason of thea countyslip, commissiontrip, fall, or municipalitysimilar areinjury physicallyas presenta atresult theof siteany performingdefect construction,in, maintenance,disrepair, repair,or maintenance of, or cleaning,failure butto excludingmaintain inspectionor ofrepair workany beingroad, performed,bridge, street, sidewalk, alleyway, stairway, or materialsother beingpublic used,walkway or area used for travel, ingress, or egress that is owned, controlled, or maintained by others,a wherecounty andcommission whenor municipality may recover civil damages sustained by him or her in an action against the injurycounty and/orcommission damageor ismunicipality, sustained;subject to the following requirements and limitations:

or(1) (2) The injury and/or damage arisesis fromdirectly acaused defectby in,employees of the disrepaircounty orcommission maintenance of, or themunicipality failurewho toare maintainphysically orpresent repair,at anythe road,site bridge,performing street,construction, sidewalk,maintenance, alleyway,repair, stairway, or othercleaning, publicbut walkwayexcluding orinspection areaof usedwork forbeing travel,performed ingressby others, or egress,materials duebeing toused theby grossothers, negligencewhere ofand when the countyinjury commissionand/or ordamage municipality.is sustained;

(c)or With(2) regardThe toinjury anyand/or actiondamage subjectarises tofrom thea requirementsdefect andin, limitationsdisrepair ofof, thisor section,failure theto countymaintain commission or municipalityrepair owesany noroad, dutybridge, ofstreet, caresidewalk, toalleyway, protectstairway, against,or andother ispublic notwalkway liable for dangers or conditionsarea thatused arefor opentravel, andingress, obvious, reasonably apparent or asegress, welldue known to the persongross injurednegligence asof they are to the county commission or municipality.

In(c) itsWith applicationregard ofto any action subject to the openrequirements and obviouslimitations doctrine,of athis courtsection, asthe acounty mattercommission ofor lawmunicipality shallowes appropriatelyno applyduty theof doctrinecare consideringto theprotect natureagainst, and severity,is ornot lackliable thereof,for ofdangers violationsor ofconditions anythat statute,are stateopen ruleand obvious, reasonably apparent, or municipalas ordinancewell relatingknown to athe causeperson ofinjured action.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.

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 municipalmunicipal- or countycounty-owned owned property.

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Senate Bill 598—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;

providing an effective date;

providing that a person who sustains injury as a result of any defect in, disrepair or maintenance of, or failure to maintain or repair certain county or municipal property may recover civil damages, subject to certain requirements and limitations;

providing certain requirements and limitations for actions against the county commission or municipality;

providing that county commissions and municipalities owe no duty to protect against, and are not liable for certain dangers or conditions that are open and obvious or reasonably apparent;

providing a standard of application by courts;

and providing that the section does not diminish or limit certain protections otherwise afforded in the code.

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