West Virginia writes a good law – but the WV Supreme Court usually will change it

The West Virginia legislature passed a law this year that provides protection from litigation for park districts from people who act carelessly.

The bill came about because the cost of insurance was bankrupting parks; insurance costs had reason 300 percent over the past 10 years.

This is a great idea, except it is in West Virginia. The article speaks to other acts that the legislature has passed to protect an activity: “Hatfield-McCoy Trail, whitewater rafting companies and ski resorts.” In the whitewater rafting case the Supreme Court interpreted the whitewater rafting act to say that outfitters could no longer use a release. The act thought good, is not all inclusive and leaves big gaps in rafting protection.

To read the article see Bill passed to protect parks from lawsuits. To read a review of the West Virginia Supreme Court decision voiding releases in whitewater rafting see West Virginia court invalidates release and third part indemnification in case against whitewater outfitter and Murphy, v. North American River Runners, Inc., 186 W. Va. 310; 412 S.E.2d 504; 1991 W. Va. LEXIS 222.

Unless the law allows the parks to continue to use releases, they may end up with more not less lawsuits.