Law
The recently completed legislative session brought forth many legal changes intended to improve the business climate in West Virginia. SB 13, relating to the “open and obvious” doctrine, was one of the first legal changes that completed the legislative process.
“Open and obvious” was a West Virginia legal doctrine enacted in 1902 and subsequently affirmed until 2013. This doctrine allowed a judge to dismiss a slip and fall scenario if the agent which made the claimant fall was “open and obvious” to the claimant. For example, say it is January and a snowstorm occurs. A claimant who slips on snow and sues the landowner will be unsuccessful because the snow was apparent to the claimant.
SB 13 codifies what was the common law in West Virginia for over 100 years, and states that a possessor of real property does not owe a duty of care to “protect others against dangers that are open, obvious, reasonably apparent or as well known to the person injured as they are to the owner or occupant.” This legislation clarifies the intent of the common law prior to the West Virginia Supreme Court of Appeals decision in Hersh v. E-T Enters., Ltd. P’ship, 232 W. Va. 305 (2013).
The real property possessor cannot be held liable for civil damages for injuries sustained as a result of these open and obvious dangers. SB 13 passed on February 18, 2015, and was approved by Governor Tomblin on March 3, 2015. SB 13 is effective from its date of passage. Questions remain as to how businesses, practitioners, and insurers will use SB 13.
Business
The State of West Virginia is a huge economic driver. The West Virginia State budget will exceed $4 billion for fiscal year 2016, which runs from July 1, 2015 to June 30, 2016. The budget, as signed by the Governor, only uses $15 million from the state rainy day fund. Governor Tomblin combined favorable investment results and 46 line item reductions to reduce the amount of money needed from the rainy day fund.
Line item reductions involved higher education, free health clinics, vehicle purchasing programs, and other accounts. Many have decried the reductions to agencies like DHHR. Specifically, taxpayer-funded in-home services for people with developmental and intellectual disabilities are expected to take a hit. Higher education has been on record as opposing proposed cuts to their institutions, citing increased tuition for cash-strapped students.
West Virginia’s rainy day fund balance is one of the top 5 in the nation when compared to state spending, which has a significant impact on the state’s credit rating with bond agencies. The state’s credit rating plays a critical role in securing funds for public works projects like schools, roads, and utility systems.
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