55-7-1 Seduction
55-7-2 Insulting words
55-7-3 Unlawful seizure or attachment
55-7-4 Action of replevin abolished
55-7-5 Action for death by wrongful act
55-7-6 By whom action for wrongful death to be brought; amount and distribution of damages; period of limitation
55-7-7 Compromise of claim for death by wrongful act
55-7-8 Personal injury action where injuries result in death
55-7-8a Actions which survive; limitations; law governing such actions
55-7-9 Violation of statutes
55-7-10 Trespass abolished; trespass on the case to lie in lieu thereof
55-7-11 Suits against unincorporated common carriers
55-7-11a Settlement, release or statement within twenty days after personal injury; disavowal; certain expressions of sympathy inadmissible as evidence
55-7-12 Liability of one joint tort-feasor not affected by release to, or accord and satisfaction with, another
55-7-13a Modified comparative fault standard established
55-7-13b Definitions
55-7-13c Liability to be several; amount of judgment; allocation of fault
55-7-13d Determination of fault; imputed fault; when plaintiff’s criminal conduct bars recovery; burden of proof; damages; stay of action; limitations; applicability; severability.
55-7-14 Liability of visual or sound broadcasting stations for defamatory statements
55-7-15 Aid to victim of accident and victim of crime; immunity from civil liability
55-7-16 Immunity from liability for ski patrol rendering emergency care
55-7-17 Aid by trained hazardous substance response personnel; immunity from civil liability; definitions
55-7-18 Limiting liability of home care service providers, daycare centers and residential care facilities disclosing certain employment information
55-7-18a Employer immunity from liability; disclosure of information regarding former employees
55-7-19 Liability of health care providers who render services at school athletic events; limiting liability; exceptions
55-7-20 Limiting civil liability of nonprofits for arranging passage on excursion trains
55-7-21 Creating presumption of good faith for court-appointed licensed psychologists and psychiatrists conducting a child custody evaluation; method for assigning court and legal fees
55-7-22 Civil relief for persons resisting certain criminal activities
55-7-23 Prescription drugs and medical devices; limiting health care providers’ liability exposure
55-7-25 Personal injury and wrongful death actions; complaint; specific amount of damages not to be stated
55-7-26 First responders who use forced entry in response to 911 call; limited immunity from civil and criminal liability
55-7-27 Liability of possessor of real property for harm to a trespasser
55-7-28 Limiting civil liability of a possessor of real property for injuries caused by open and obvious hazards
55-7-29 Limitations on punitive damages
55-7-30 Adequate pharmaceutical warnings; limiting civil liability for manufacturers or sellers who provide warning to a learned intermediary
55-7-31 Limitation on products liability actions; innocent seller

Terms Used In West Virginia Code > Chapter 55 > Article 7

  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compensatory damages: means damages awarded to compensate a plaintiff for economic and noneconomic loss. See West Virginia Code 55-7-13b
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: means , for purposes of determining an obligation to pay damages to another under this chapter, any person against whom a claim is asserted including a counter-claim defendant, cross-claim defendant or third-party defendant. See West Virginia Code 55-7-13b
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fault: means an act or omission of a person, which is a proximate cause of injury or death to another person or persons, damage to property, or economic injury, including, but not limited to, negligence, malpractice, strict product liability, absolute liability, liability under section two, article four, chapter twenty-three of this code or assumption of the risk. See West Virginia Code 55-7-13b
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • judgment: includes decrees and orders for the payment of money or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • laws of the state: includes the Constitution of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • personal property: include goods, chattels, real and personal, money, credits, investments and the evidences thereof. See West Virginia Code 2-2-10
  • personal representative: include the executor of a will, the administrator of the estate of a deceased person, the administrator of such estate with the will annexed, the administrator de bonis non of such estate, whether there be a will or not, the sheriff or other officer lawfully charged with the administration of the estate of a deceased person, and every other curator or committee of a decedent&rsquo. See West Virginia Code 2-2-10
  • Plaintiff: means , for purposes of determining a right to recover under this chapter, any person asserting a claim. See West Virginia Code 55-7-13b
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests. See West Virginia Code 2-2-10
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.