West Virginia § 55-7-26 First responders who use forced entry in response to 911 call; limited immunity from civil and criminal liability

West Virginia Statutes

§ 55-7-26 — First responders who use forced entry in response to 911 call; limited immunity from civil and criminal liability

West Virginia § 55-7-26

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 7ACTIONS FOR INJURIES

This text of West Virginia § 55-7-26 (First responders who use forced entry in response to 911 call; limited immunity from civil and criminal liability) 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 § 55-7-26 (2026).

Text

(a)"First responder" includes: law-enforcement officers, firefighters, emergency medical services personnel and others that respond to calls for emergency medical assistance.

(b)Neither a first responder nor his or her supervisor, agency, employer or supervising entity is liable for any civil damages or criminal liability resulting from a forcible entry of a home, business or other structure if the first responder:

(1)Is responding to a documented 911 call for emergency medical assistance;

(2)Has made reasonable efforts to summon an occupant of the home, business, or structure by knocking or otherwise notifying the occupant(s) of his or her presence;

(3)Has not received a response from an occupant within a reasonable period of time; and

(4)Has a good faith belief that it is nece

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(a) "First responder" includes: law-enforcement officers, firefighters, emergency medical services personnel and others that respond to calls for emergency medical assistance.

(b) Neither a first responder nor his or her supervisor, agency, employer or supervising entity is liable for any civil damages or criminal liability resulting from a forcible entry of a home, business or other structure if the first responder:

(1) Is responding to a documented 911 call for emergency medical assistance;

(2) Has made reasonable efforts to summon an occupant of the home, business, or structure by knocking or otherwise notifying the occupant(s) of his or her presence;

(3) Has not received a response from an occupant within a reasonable period of time; and

(4) Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency medical assistance or preventing imminent bodily harm.

(c) Nothing in this section shall affect the standard of care a first responder must employ when rendering aid after gaining entry.