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 insurance requirements for licensees and limits the amount of damages that can be awarded in certain cases.

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 acted with gross negligence or if the owner and licensee are the same person and the licensee violated provisions of section 60-7-12b. The bill also clarifies that punitive damages awarded in such cases are subject to existing limitations. The amendments will take effect on August 1, 2025, and apply to all cases filed after that date.

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