reglab/housing_qa huggingface dataset:
WV Code § 55-7-8 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-8. Personal Injury Action Where Injuries Result in Death

Where an action is brought by a person injured for damage caused by the wrongful act, neglect or default of any person or corporation, and the person injured dies as a result thereof, the action shall not abate by reason of his or her death but, his or her death being suggested, it may be revived in the name of his or her personal representative, and the complaint shall be amended so as to conform to an action under sections five and six of this article, and the case proceeded with as if the action had been brought under said sections. Additionally a separate and distinct cause of action may be brought, and if brought, shall be joined in the same proceeding for damages incurred between the time of injury and death where not otherwise provided for in said sections five and six. In either case there shall be but one recovery for each element of damages: Provided, That nothing in this section shall be construed in derogation of the provisions of section twelve of this article.
WV Code § 55-7-8a (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-8a. Actions Which Survive; Limitations; Law Governing Such Actions

(a) In addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, or injuries to the person and not resulting in death, or for deceit or fraud, also shall survive; and such actions may be brought notwithstanding the death of the person entitled to recover or the death of the person liable.(b) If any such action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by articles two and two-a of this chapter, (either against the wrongdoer or his personal representative), and such injured party dies pending the action it may be revived in favor of the personal representative of such injured party and prosecuted to judgment and execution against the wrongdoer or his personal representative.(c) If the injured party dies before having begun any such action and it is not at the time of his death barred by the applicable statute of limitations under the provisions of articles two and two-a of this chapter, such action may be begun by the personal representative of the injured party against the wrongdoer or his personal representative and prosecuted to judgment and execution against the wrongdoer or his personal representative. Any such action shall be instituted within the same period of time that would have been applicable had the injured party not died.(d) If any such action mentioned in the preceding subsections (a), (b) and/or (c) shall have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.(e) The applicable provisions of article eight, chapter fifty-six of this code shall govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement and substitution of parties.(f) Nothing contained in this section shall be construed to extend the time within which an action for any other tort shall be brought, nor to give the right to assign a claim for a tort not otherwise assignable.
WV Code § 55-7-9 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-9. Violation of Statutes

Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages.
WV Code § 55-7-10 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-10. Trespass Abolished; Trespass on the Case to Lie in Lieu Thereof

The action of trespass is abolished. In all cases in which an action of trespass could have been maintained an action of trespass on the case shall lie.
WV Code § 55-7-11 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-11. Suits Against Unincorporated Common Carriers

Where common carriers are not incorporated, any one or more of them may be sued by his or their name or names only, to recover damages for loss of, or injury to, any parcel, package, or person; and such suit shall not abate for the want of joining any of the coproprietors, or copartners.
WV Code § 55-7-12 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-12. Liability of One Joint Tort-Feasor Not Affected by Release To, or Accord and Satisfaction With, Another

A release to, or an accord and satisfaction with, one or more joint trespassers, or tort-feasors, shall not inure to the benefit of another such trespasser, or tort-feasor, and shall be no bar to an action or suit against such other joint trespasser, or tort-feasor, for the same cause of action to which the release or accord and satisfaction relates.
WV Code § 55-7-13a (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-13a. Modified Comparative Fault Standard Established

(a) For purposes of this article, "comparative fault" means the degree to which the fault of a person was a proximate cause of an alleged personal injury or death or damage to property, expressed as a percentage. Fault shall be determined according to section thirteen-c of this article.(b) In any action based on tort or any other legal theory seeking damages for personal injury, property damage, or wrongful death, recovery shall be predicated upon principles of comparative fault and the liability of each person, including plaintiffs, defendants and nonparties who proximately caused the damages, shall be allocated to each applicable person in direct proportion to that person's percentage of fault.(c) The total of the percentages of comparative fault allocated by the trier of fact with respect to a particular incident or injury must equal either zero percent or one hundred percent.
WV Code § 55-7-13b (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-13b. Definitions

As used in this article:"Compensatory damages" means damages awarded to compensate a plaintiff for economic and noneconomic loss."Defendant" means, for purposes of determining an obligation to pay damages to another under this chapter, any person against whom a claim is asserted including a counter-claim defendant, cross-claim defendant or third-party defendant."Fault" means an act or omission of a person, which is a proximate cause of injury or death to another person or persons, damage to property, or economic injury, including, but not limited to, negligence, malpractice, strict product liability, absolute liability, liability under section two, article four, chapter twenty-three of this code or assumption of the risk."Plaintiff" means, for purposes of determining a right to recover under this chapter, any person asserting a claim.
WV Code § 55-7-14 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-14. Liability of Visual or Sound Broadcasting Stations for Defamatory Statements

The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee or operator, or agent or employee thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.In no event, however, shall any owner, licensee or operator or the agents or employees of any such owner, licensee or operator of such a station or network of stations be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by any legally qualified candidate for public office.
WV Code § 55-7-15 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-15. Aid to Victim of Accident and Victim of Crime; Immunity From Civil Liability

No person, including a person licensed to practice medicine or dentistry, who in good faith renders emergency care at the scene of an accident or to a victim at the scene of a crime, without remuneration, shall be liable for any civil damages as the result of any act or omission in rendering such emergency care.
WV Code § 55-7-16 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-16. Immunity From Liability for Ski Patrol Rendering Emergency Care

(a) A member in good standing of a national ski patrol system who, without compensation, provides emergency aid or assistance to an injured or ill person at the scene of a ski resort rescue operation, outdoor emergency rescue operation or while otherwise performing ski patrol or while transporting an injured or ill person to a place for transfer to an available emergency medical center or hospital as the result of being on ski patrol, may not be held liable for civil damages for any alleged act or omission which is claimed to have occurred during the rendering of the emergency aid or assistance. The limitation of liability established by the provisions of this section apply to acts or omissions rendered in good faith.(b) For the purposes of this section, a national ski patrol system is a national organization whose members are volunteers and do not receive compensation and are required to obtain training in safety and emergency medical treatment.(c) For purposes of this section, the term "compensation" does not include access to a recreational facility, complimentary lift tickets, food, lodging or other gifts or discounts that may be offered or accessible to a person.
WV Code § 55-7-17 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-17. Aid by Trained Hazardous Substance Response Personnel; Immunity From Civil Liability; Definitions

No person trained in a qualified program of hazardous substance emergency response certified by the State Fire Marshal pursuant to rules promulgated by authority of subsection (a), section five-a, article three, chapter twenty-nine of this code, who in good faith renders advice or assistance at the scene of an actual or threatened discharge of any hazardous substance and receives no remuneration for rendering such advice or assistance, is liable for any civil damages as the result of any act or omission in rendering such advice or assistance: Provided, That the exemption from liability for civil damages of this section shall be extended to any such person who receives reimbursement for out-of-pocket expenses incurred in rendering such advice or assistance or compensation from his or her regular employer for the time period during which he or she was actually engaged in rendering such advice or assistance but is not extended to any such person who by his or her act or omission caused or contributed to the cause of such actual or threatened discharge of any hazardous substance.For the purposes of this section, "hazardous substance" means any "hazardous substance" as defined in chapter eighty-eight, Acts of the Legislature, regular session, one thousand nine hundred eighty-five; any "chemical substances and materials" listed in the rules promulgated by the commissioner of labor pursuant to section eighteen, article three, chapter twenty-one, of this code; and any "hazardous waste" as defined in section three, article eighteen, chapter twenty-two of this code.
WV Code § 55-7-18 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-18. Limiting Liability of Home Care Service Providers, Daycare Centers and Residential Care Facilities Disclosing Certain Employment Information

When a residential care facility required to be registered, licensed or certified under the laws of the state, a licensed day care center, or an agency providing services in the home to children or incapacitated adults is asked to provide an employment reference with respect to a named individual who provided services to children or incapacitated adults for compensation, no person shall be liable for disclosing information related to the named individual's employment history, including a subjective assessment of whether the named individual is suited to provide services to children or incapacitated adults, unless it is alleged and proven that the information disclosed was false and disclosed with knowledge that the information was false.
WV Code § 55-7-18a (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-18a. Employer Immunity From Liability; Disclosure of Information Regarding Former Employees

(a) Any employer or his or her designated agent who discloses job-related information that may be reasonably considered adverse about a former or current employee to a prospective employer of the former or current employee is presumed to be acting in good faith and is immune from civil liability for the disclosure or its consequences: Provided, That the disclosure of such information pursuant to this subsection shall be in writing and a copy of any such disclosure shall be provided to the former or current employee at the time of disclosure.(b) For the purposes of this section, the presumption of good faith is rebutted upon a showing, by a preponderance of the evidence, that the information disclosed was:(1) Knowingly false;(2) Disclosed with reckless disregard for the truth;(3) Deliberately misleading;(4) Rendered with malicious purpose toward the former or current employee; or(5) Disclosed in violation of a nondisclosure agreement or applicable law.(c) For purposes of this section, "job-related information" means information concerning a person's education, training, experience, qualifications, conduct and job performance which is offered for the purpose of providing criteria to evaluate the person's suitability for employment.(d) If an employer disclosed job-related information to a prospective employer of a former or current employee that was false or misleading, and if the current or former employee requests, then the employer shall give corrected information to every person or entity that is in the employer's records as having received the original information, with a copy thereof to the former or current employee.
WV Code § 55-7-19 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-19. Liability of Health Care Providers Who Render Services at School Athletic Events; Limiting Liability; Exceptions

Any person licensed by, or certified or registered in, this state or another state to provide health care or professional health care services: (1) Who is in attendance at an athletic event sponsored by a public or private elementary or secondary school; and (2) who gratuitously and in good faith agrees to render emergency care or treatment to any participant during the event in connection with an emergency arising during or as the result of the event, without objection of the participant, may not be held liable for any civil damages as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment.(b) The limitation of liability established by the provisions of this section does not apply to acts or omissions constituting gross negligence or willful misconduct. For purposes of this section, the term “athletic event” includes scheduled practices for any athletic event.
WV Code § 55-7-20 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-20. Limiting Civil Liability of Nonprofits for Arranging Passage on Excursion Trains

Any not for profit corporation for which one of its purposes is to arrange for persons or groups of persons to take excursions through, on, at or near places of scenic, historic or educational interest using trains, trackage or other related equipment and facilities of a regulated common carrier or governmental entity, shall not be liable for personal injury, wrongful death or property damage arising from the acts or omissions of the regulated common carrier or governmental entity so long as the role of the not for profit is limited to arranging for persons or groups of persons to participate in the excursion and providing tour information regarding the scenic, historic or educational qualities of the excursion area.
WV Code § 55-7-21 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-21. Creating Presumption of Good Faith for Court-Appointed Licensed Psychologists and Psychiatrists Conducting a Child Custody Evaluation; Method for Assigning Court and Legal Fees

(a) A licensed psychologist or licensed psychiatrist who has been appointed by a court to conduct a child custody evaluation in a judicial proceeding shall be presumed to be acting in good faith if the evaluation has been conducted consistent with standards established by the American psychological association's guidelines for child custody evaluations in divorce proceedings.(b) No complaint to a licensing or accrediting entity against a court-appointed licensed psychologist or psychiatrist relating to a child custody evaluation shall be considered if it is filed anonymously and does not include the full name, address and telephone number of the complainant.(c) Any action filed against a licensed psychologist or licensed psychiatrist alleging tortious conduct related to evidence provided while acting as a court-appointed expert in a child custody matter shall contain a recitation of a specific allegation of breaches of American psychological association's guidelines for child custody evaluations in divorce proceedings. Failure to specifically plead such violations shall be cause for dismissal of the action.(d) Any licensed psychologist or licensed psychiatrist who is named in a civil action as a defendant because of his or her performance of a child custody evaluation while acting as a court-appointed expert and who prevails due to a finding that he or she acted consistently with the American psychological association's guidelines shall be entitled to reimbursement of all reasonable costs and attorneys fees expended.
WV Code § 55-7-22 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-22. Civil Relief for Persons Resisting Certain Criminal Activities

(a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and the occupant reasonably believes deadly force is necessary.(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection (a) of this section.(c) A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker: Provided, That such person may use deadly force against an intruder or attacker in a place that is not his or her residence without a duty to retreat if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker.(d) The justified use of reasonable and proportionate force under this section shall constitute a full and complete defense to any civil action brought by an intruder or attacker against a person using such force.(e) The full and complete civil defense created by the provisions of this section is not available to a person who:(1) Is attempting to commit, committing or escaping from the commission of a felony;(2) Initially provokes the use of force against himself herself or another with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or(3) Otherwise initially provokes the use of force against himself herself or another, unless he or she withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.(f) The provisions of this section do not apply to the creation of a hazardous or dangerous condition on or in any real or personal property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.(g) Nothing in this section shall authorize or justify a person to resist or obstruct a law-enforcement officer acting in the course of his or her duty.
WV Code § 55-7-23 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 7. Actions for Injuries|§55-7-23. Prescription Drugs and Medical Devices; Limiting Health Care Providers' Liability Exposure

(a) No health care provider, as defined in section two, article seven-b of this chapter, is liable to a patient or third party for injuries sustained as a result of the ingestion of a prescription drug or use of a medical device that was prescribed or used by the health care provider in accordance with instructions approved by the U. S. Food and Drug Administration regarding the dosage and administration of the drug, the indications for which the drug should be taken or device should be used, and the contraindications against taking the drug or using the device: Provided, That the provisions of this section do not apply if: (1) The health care provider had actual knowledge that the drug or device was inherently unsafe for the purpose for which it was prescribed or used; or (2) a manufacturer of the drug or device publicly announces changes in the dosage or administration of the drug or changes in contraindications against taking the drug or using the device and the health care provider fails to follow the publicly announced changes and the failure proximately caused or contributed to the plaintiff's injuries or damages.(b) A health care provider with prescriptive authority is not liable to a patient or third party for declining to prescribe, or declining to continue to prescribe, any controlled substance to a patient which the health care provider with prescriptive authority is treating if the health care provider with prescriptive authority in the exercise of reasonable prudent judgment believes the patient is misusing the controlled substance in an abusive manner or unlawfully diverting a controlled substance legally prescribed for their use. (c) The provisions of this section are not intended to create a new cause of action.