(a) Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using such features for recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of such features.

Terms Used In West Virginia Code 20-7A-6

  • cave: includes or is synonymous with cavern, pit, pothole, well, sinkhole and grotto. See West Virginia Code 20-7A-1
  • Commercial cave: means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry. See West Virginia Code 20-7A-1
  • Owner: means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land. See West Virginia Code 20-7A-1
  • Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2

(b) An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave, unless such injury is sustained as a result of such owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires or other modifications, and such negligence is the proximate cause of the injury.