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Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 55-7D-3

Summary Title

Liability: Donation of Food

Summary

An individual who, in good faith, donates food or groceries to a nonprofit organization will not be held legally responsible for any injury or death that results, as long as the individual does not act or fail to act in a way that would amount to extreme carelessness or an intention to cause harm.

Full Title

Limiting liability of persons or corporations who donate food or grocery products; exceptions

Full Text

(a) A person or gleaner is not subject to civil liability or criminal liability arising from the nature, age, packaging or condition of apparently wholesome food or an apparently fit grocery product which the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution without profit or gain to needy individuals: Provided, That this limitation on liability does not apply to an injury to or the death of an ultimate user or recipient of the food or grocery product which results from an act or omission of the person or gleaner which constitutes gross negligence or intentional misconduct. (b) A nonprofit organization is not subject to civil liability or criminal liability arising from the nature, age, packaging or condition of apparently wholesome food or an apparently fit grocery product which the nonprofit organization received as a donation in good faith from a person or gleaner for ultimate distribution without profit or gain to needy individuals: Provided, That this limitation on liability does not apply to an injury to or the death of an ultimate user or recipient of the food or grocery product which results from an act or omission of the nonprofit organization which constitutes gross negligence or intentional misconduct.