West Virginia
STATUTE OF LIMITATIONS
Personal Property: 2 Years
Personal Injury: 2 Years
Breach of Contract (Written): 10 Years
Breach of Contract (Oral): 5 Years
Statute of Repose (Real Property): 10 Years
Statute of Repose (Products): N/A
Breach of Warranty: 4 Years
GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS
2 year statue of limitations after cause of action accrues
PIP/MED PAY SUBROGATION
PIP: NO
MED PAY: YES
-If provided for in policy
CONTRIBUTORY NEGLIGENCE
Modified Comparative-51%
Plaintiff cannot recover if 50% or more at fault (if found to be 50% at fault, no recovery)
PARENTAL RESPONSIBILITY
Limitation on Parents’ Liability: $5,000.00
Liable when child under 18 causes willful or malicious injury or damage to property
JOINT AND SEVERAL LIABILITY
Several and defendants are only responsible for their proportion of fault.Â
VICARIOUS LIABILITY
AGAINST OWNER OF VEHICLE: NO
MADE WHOLE DOCTRINE
Applies
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