West Virginia Code 29-30-10 – Limitation of liability
(a) Subject to subsection (b) of this section, a volunteer health practitioner who provides health or veterinary services pursuant to this article is not liable for damages for an act or omission of the practitioner in providing those services unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.
Terms Used In West Virginia Code 29-30-10
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) This section does not limit the liability of a volunteer health practitioner for:
(1) Willful misconduct or wanton, grossly negligent, reckless or criminal conduct;
(2) An intentional tort;
(3) Breach of contract;
(4) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or
(5) An act or omission relating to the operation of a motor vehicle, vessel, aircraft or other vehicle.
(c) A person that operates, uses or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.