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Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 22-22A-3

Summary Title

Liability: Individual Engaged in Removal of Oil Following Discharge

Summary

An individual providing care, assistance, or advice in an oil spill cleanup will not be held legally responsible for acting or from failing to act. They can be held legally responsible if the individual is responsible for the discharge of oil, causes personal injury or wrongful death, or acts with extreme carelessness or intent to cause harm.

Full Title

Exemption from liability

Full Text

(a) Notwithstanding any other provision of this code to the contrary, a person engaged in removal activities is not liable for removal costs or damages which result from acts or omissions in the course of rendering care, assistance or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the state official charged with responsibility for oil discharge responses. (b) Subsection (a) of this section does not apply: (1) To a responsible party; (2) With respect to personal injury or wrongful death; or (3) If the person is grossly negligent or engages in willful misconduct. (c) A responsible party is liable for any removal costs and damages that another person is relieved of under the provisions of subsection (a) of this section. (d) Nothing in this section affects the liability of a responsible party for oil spill response under state law.