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 cannot bring a private cause of action against licensees or property owners for injuries resulting from their intoxication. The bill also sets insurance requirements for licensees and limits the amount of damages that can be awarded in certain cases.

Section 60-7-12c further clarifies 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 also stipulates that any punitive damages awarded in such cases will be subject to existing limitations. Both sections will apply to all cases filed on or after August 1, 2025.

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