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HB 5215

Relating generally to limiting landowner liability for the purpose of operation of all-terrain vehicles.

2026 Regular Session

West Virginia bill shields landowners from ATV-related injury lawsuits to encourage recreational trail access while potentially limiting riders' legal recourse.

To House Judiciary
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Bill Summary · HB 5215

Legislative bill overview

HB 5215 would limit the legal liability that landowners face when allowing all-terrain vehicle (ATV) use on their property in West Virginia. The bill appears designed to protect property owners from lawsuits resulting from injuries or accidents that occur during ATV activities on their land, even if they grant permission for such use.

Why is this important

Liability concerns can discourage landowners from allowing recreational ATV access, which limits public recreational opportunities in rural areas. Conversely, liability protections could reduce incentives for landowners to maintain safe conditions or warn users of hazards, potentially shifting injury risks entirely onto riders and their families.

Potential points of contention

  • Scope of protection: Whether liability shields apply only to ordinary negligence or also to gross negligence and willful misconduct, which affects how much protection landowners actually receive
  • Injury compensation: Whether injured ATV riders would have adequate recourse if harmed due to unsafe property conditions, potentially leaving them without legal remedies
  • Insurance implications: How this interacts with homeowners' insurance policies and whether insurers will adjust coverage or premiums based on expanded liability limits
  • Environmental and safety standards: Whether the bill exempts landowners from maintaining property in compliance with safety codes or environmental regulations

Compiled from official sources — confirm details with the bill’s official record.

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