The bill amends the Code of West Virginia by adding two new sections, 60-7-12b and 60-7-12c, which establish standards of liability and insurance requirements in civil actions related to private clubs. Under section 60-7-12b, a licensee or person acting on their behalf is not liable for damages resulting from the intoxication of a person to whom they served alcohol, unless they knowingly served alcohol to a minor or a visibly intoxicated individual. The section also introduces a rebuttable presumption regarding the knowledge of serving alcohol to minors if certain verification measures are in place. Additionally, it specifies that intoxicated individuals operating vehicles and their passengers cannot bring private actions against licensees for injuries resulting from intoxication. The section sets limits on medical expenses and punitive damages for claims against licensees who maintain adequate liquor liability insurance.

Section 60-7-12c addresses the liability of property owners or lessors, stating that they cannot be held liable for injuries caused by intoxicated individuals unless they are the same as the licensee who violated the law or if there is clear evidence of gross negligence. The bill clarifies that punitive damages awarded in such cases are subject to existing limitations. Both sections will apply to all cases filed on or after August 1, 2025, ensuring that the new liability standards and insurance requirements are in effect for future civil actions involving private clubs.

Statutes affected:
Originating in Committee: 60-7-12b, 60-7-12c
Engrossed Version: 60-7-12b, 60-7-12c
Enrolled Version: 60-7-12b, 60-7-12c