This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in West Virginia for specific guidance.
Key points about West Virginia waiver law
West Virginia courts enforce liability waivers for recreational activities
Waivers must be clear and unambiguous
WV follows modified comparative fault
Gross negligence and willful misconduct cannot be waived
Drafting considerations for West Virginia
Use clear language
Identify specific risks
Ensure voluntary consent
Keep as standalone document
Frequently asked questions
Are liability waivers enforceable in West Virginia?
Yes. West Virginia courts enforce clear, unambiguous liability waivers for recreational activities.
Can I use a digital waiver in West Virginia?
Yes. West Virginia adopted UETA and recognizes electronic signatures under the federal ESIGN Act.
What can't be waived in West Virginia?
Gross negligence, willful misconduct, and intentional harm cannot be waived.
Create ESIGN-compliant waivers for West Virginia
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