West Virginia § 29-30-10 Limitation of liability

West Virginia Statutes

§ 29-30-10 — Limitation of liability

West Virginia § 29-30-10

Ch. 29MISCELLANEOUS BOARDS AND OFFICERS

Art. 30EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT

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Bluebook

W. Va. Code § 29-30-10 (2026).

Text

(a)Subject to subsection (b) of this section, a volunteer health practitioner who provides health or veterinary services pursuant to this article is not liable for damages for an act or omission of the practitioner in providing those services unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.

(b)This section does not limit the liability of a volunteer health practitioner for:

(1)Willful misconduct or wanton, grossly negligent, reckless or criminal conduct;

(2)An intentional tort;

(3)Breach of contract;

(4)A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or

(5)An act or omission relating to the operation of

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(a) Subject to subsection (b) of this section, a volunteer health practitioner who provides health or veterinary services pursuant to this article is not liable for damages for an act or omission of the practitioner in providing those services unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.

(b) This section does not limit the liability of a volunteer health practitioner for:

(1) Willful misconduct or wanton, grossly negligent, reckless or criminal conduct;

(2) An intentional tort;

(3) Breach of contract;

(4) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or

(5) An act or omission relating to the operation of a motor vehicle, vessel, aircraft or other vehicle.

(c) A person that operates, uses or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.