West Virginia § 20-19-8 No abrogation of common law and statutory defenses

West Virginia Statutes

§ 20-19-8 — No abrogation of common law and statutory defenses

West Virginia § 20-19-8

Ch. 20NATURAL RESOURCES

Art. 19MOTORSPORT RESPONSIBILITY ACT

This text of West Virginia § 20-19-8 (No abrogation of common law and statutory defenses) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 20-19-8 (2026).

Text

In a proceeding brought against a motor sports operator or participant, in addition to the liability protections provided for under this article, a motor sports operator or participant may assert any and all common law, statutory, or other defenses that may be available. A motorsports operator may require participants to sign anticipatory release and waiver of liability forms as a condition of participating as a spectator or vehicle operator, which signed waiver forms shall be admissible at trial in any action for damages by or on behalf of the person who executed the forms.

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In a proceeding brought against a motor sports operator or participant, in addition to the liability protections provided for under this article, a motor sports operator or participant may assert any and all common law, statutory, or other defenses that may be available. A motorsports operator may require participants to sign anticipatory release and waiver of liability forms as a condition of participating as a spectator or vehicle operator, which signed waiver forms shall be admissible at trial in any action for damages by or on behalf of the person who executed the forms.