West Virginia Code 22-22A-3 – Exemption from liability
(a) Notwithstanding any other provision of this code to the contrary, a person engaged in removal activities is not liable for removal costs or damages which result from acts or omissions in the course of rendering care, assistance or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the state official charged with responsibility for oil discharge responses.
Terms Used In West Virginia Code 22-22A-3
- 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
(b) Subsection (a) of this section does not apply:
(1) To a responsible party;
(2) With respect to personal injury or wrongful death; or
(3) If the person is grossly negligent or engages in willful misconduct.
(c) A responsible party is liable for any removal costs and damages that another person is relieved of under the provisions of subsection (a) of this section.
(d) Nothing in this section affects the liability of a responsible party for oil spill response under state law.