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Virginia’s Consumers, Workers, Small Business Owners and Their Families.
West Virginia Legislature Should Not Be in the Business of Rewarding People Who Break the Law
January 15, 2015
Charleston, W.Va. – The West Virginia Association for Justice today demanded to know why members of the West Virginia Legislature were pursuing legislation in both houses that would encourage and reward people for breaking the law. Under proposed SB 13 and HB 2013, property owners and occupants could no longer be held accountable for dangerous conditions—even when those conditions violate existing state and local codes and safety regulations.
“State and local building codes, fire codes and other safety regulations exist for a reason—to keep us safe. A century ago, accidents occurred in workplaces, schools, apartment buildings, homes because no safety codes existed. There were accidents, and people died. It’s been said that behind every one of those codes and regulations are 100 bodies. Those codes keep us safe, and protect us from serious injury or death,” said Anthony Majestro, president of the West Virginia Association for Justice.
“Why would the legislature give total immunity for breaking these laws? Too many businesses and slum lords violate them now. What’s going to happen when they know that they don’t need to even try? People are going to get hurt, and people are going to die—and no one is going to be held responsible. If there is no accountability, no one is safe.”
Legislators claim that the legislation is necessary to re-establish an open and obvious doctrine, which provides a defense for landowners if someone is injured but the condition should have been a known hazard. Despite their claims, the West Virginia Supreme Court’s decision in the Hersh v. E-T Enterprises did not eliminate the open and obvious defense under common law. It requires the jury to weigh the injured person’s negligence versus the liability of the landowner. In the Hersh case, the owner removed a handrail from a flight of stairs, even though that handrail was required by city building code.
“There are two serious issues with this immunity the Legislature may not have even considered,” said Majestro. “First, not everyone is capable of fully understanding the risks that a hazard may pose. Children, the mentally and physically-challenged and seniors may not understand, and there is no flexibility under the proposal. They are going to be far more vulnerable than the rest of us—and if your child or elderly parent is hurt, there’s nothing you will be able to do.”
“Second, this thing is going to kill our property values. Think about it. No one is going to be required to keep up their property. Dilapidated and dangerous property conditions will be a real threat to public safety and will pull all property values in the area down in the gutter with them.”
The West Virginia Association for Justice represents more than 500 plaintiffs’ attorneys throughout West Virginia and in surrounding states. WVAJ members are committed to preserving and improving our civil justice system in order to ensure that any person who is injured by the misconduct and negligence of others can obtain justice in America’s courtrooms. WVAJ members work to protect West Virginia families by promoting safe workplaces, safe products, quality healthcare, a clean environment and corporate responsibility.
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