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Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 55-7D-4

Summary Title

Liability: Landowners Allowing Gleaning of Donations

Summary

An individual who allows the collection of donations on the individual’s property will not be held legally responsible for any injury or death that results to a third party on the property. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Limitation of liability for landowners or occupiers who allow collection or gleaning of donations; exceptions

Full Text

Any person who is a landowner or occupier and who allows the collection or gleaning of donations on his or her property by gleaners or representatives of a nonprofit organization, whether paid or unpaid, for ultimate donation without profit or gain to needy individuals is not subject to civil liability or criminal liability that arises due to the injury or death of the gleaner or representative while engaged in collecting or gleaning on the property: Provided, That this limitation on liability does not apply to an injury or death that results from an act or omission of the landowner or occupier which constitutes gross negligence or intentional misconduct.