West Virginia § 55-7-27 Liability of possessor of real property for harm to a trespasser

West Virginia Statutes

§ 55-7-27 — Liability of possessor of real property for harm to a trespasser

West Virginia § 55-7-27

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 7ACTIONS FOR INJURIES

This text of West Virginia § 55-7-27 (Liability of possessor of real property for harm to a trespasser) 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 § 55-7-27 (2026).

Text

(a)A possessor of real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser except in those circumstances where a common-law right-of-action existed as of the effective date of this section, including the duty to refrain from willfully or wantonly causing the trespasser injury.

(b)A possessor of real property may use justifiable force to repel a criminal trespasser as provided by section twenty-two of this article.

(c)This section does not increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established by another section of this code or available at common law to which a possessor of real property may be entitled.

(d)The Legislature intends to codify and preserve the

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(a) A possessor of real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser except in those circumstances where a common-law right-of-action existed as of the effective date of this section, including the duty to refrain from willfully or wantonly causing the trespasser injury.

(b) A possessor of real property may use justifiable force to repel a criminal trespasser as provided by section twenty-two of this article.

(c) This section does not increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established by another section of this code or available at common law to which a possessor of real property may be entitled.

(d) The Legislature intends to codify and preserve the common law in West Virginia on the duties owed to trespassers by possessors of real property as of the effective date of this section.

Legislative History

2015 Reg. Sess., SB13; 2015 Reg. Sess., SB3; 2015 Reg. Sess., SB377; 2015 Reg. Sess., SB421; 2014 Reg. Sess., SB257; 2013 Reg. Sess., SB338; 2012 Reg. Sess., SB367