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West VirginiaHB 35132025 Regular SessionHouse

Relating to standards of liability and insurance requirements in certain civil actions

Sponsored By: James Robert "JB" Akers II (Republican)

Signed by Governor

§60-7-12b§60-7-12c

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 3 costs, 1 mixed.

Drunk drivers and passengers lose claims

This restriction applies to West Virginia cases filed on or after August 1, 2025. Intoxicated drivers of legal drinking age cannot bring covered claims for injury or property damage caused by their actions. The same bar covers passengers who voluntarily ride with a driver they know is intoxicated, and both groups' estates. They cannot bring these claims against the alcohol licensee, people acting for it, or its building's owner or lessor.

Alcohol sellers gain protections against lawsuits

For West Virginia cases filed on or after August 1, 2025, licensed private clubs and their staff generally avoid liability for harm caused by a customer's intoxication. Injured people must prove it is more likely than not that the seller knowingly served someone underage or visibly intoxicated, and that service directly caused the harm. Knowledge depends on all the circumstances; visible intoxication requires objective signs, though blood alcohol levels and drink counts can be evidence. Sellers are presumed not to have knowingly served someone underage if they install an ID scanner and require employees and agents to check age. They also qualify through a written age-check policy shared with staff, compliance monitoring, and corrective action for violations; injured people can challenge this presumption.

Injured people face alcohol claim caps

For West Virginia cases filed on or after August 1, 2025, some alcohol-service claims face limits on damages. The limits apply when the defendant carries liquor-liability insurance of at least $1 million per occurrence and $2 million overall. Recovery for past medical expenses is capped at $1 million. Punitive damages—money awarded to punish misconduct—cannot exceed twice the compensatory damages awarded to cover the harm.

Injured people face landlord lawsuit limits

For West Virginia cases filed on or after August 1, 2025, injured people generally cannot sue landlords over alcohol-related harm. This covers owners or lessors renting premises to an alcohol licensee or someone acting for it. A claim remains possible when the owner is also the licensee and violates the alcohol-service liability rules. Otherwise, clear and convincing evidence must show willful, wanton, or grossly negligent conduct in renting the premises. Any punitive damages remain subject to the state's existing punitive-damages cap.

Sponsors & Cosponsors

Sponsor

  • James Robert "JB" Akers II

    Republican • House

Cosponsors

  • Jordan Maynor

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 274 • No: 91

House vote • 4/12/2025

House concurred in Senate amendment and passed bill (Roll No. 634)

Yes: 71 • No: 27

Senate vote • 4/11/2025

Effective August 1, 2025 (Roll No. 512)

Yes: 33 • No: 1

Senate vote • 4/11/2025

Passed Senate (Roll No. 511)

Yes: 32 • No: 2

House vote • 4/2/2025

Effective August 1, 2025 (Roll No. 362)

Yes: 71 • No: 28

House vote • 4/2/2025

Passed House (Roll No. 361)

Yes: 67 • No: 33

Actions Timeline

  1. Chapter 154, Acts, Regular Session, 2025

    7/31/2025House

  2. Approved by Governor 4/25/2025

    4/25/2025House

  3. To Governor 4/15/2025

    4/15/2025House

  4. House received Senate message

    4/12/2025House

  5. House concurred in Senate amendment and passed bill (Roll No. 634)

    4/12/2025House

  6. Communicated to Senate

    4/12/2025House

  7. Completed legislative action

    4/12/2025House

  8. House Message received

    4/12/2025Senate

  9. To Governor 4/15/2025 - House Journal

    4/12/2025House

  10. To Governor 4/15/2025 - Senate Journal

    4/12/2025Senate

  11. Approved by Governor 4/25/2025 - House Journal

    4/12/2025House

  12. Approved by Governor 4/25/2025 - Senate Journal

    4/12/2025Senate

  13. On 3rd reading

    4/11/2025Senate

  14. Read 3rd time

    4/11/2025Senate

  15. Passed Senate (Roll No. 511)

    4/11/2025Senate

  16. Effective August 1, 2025 (Roll No. 512)

    4/11/2025Senate

  17. Senate requests House to concur

    4/11/2025Senate

  18. Reported do pass, with amendment

    4/10/2025Senate

  19. Immediate consideration

    4/10/2025Senate

  20. Read 2nd time

    4/10/2025Senate

  21. Committee amendment adopted (Voice vote)

    4/10/2025Senate

  22. Without recommendation, but first rereferred to Judiciary

    4/9/2025Senate

  23. Immediate consideration

    4/9/2025Senate

  24. Read 1st time

    4/9/2025Senate

  25. On 2nd reading, rereferred to Judiciary

    4/9/2025Senate

Bill Text

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