# W. Va. Code § 22-22A-3: Exemption from liability

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C22_A22A_S3

## Section

- **Citation:** W. Va. Code § 22-22A-3
- **Heading:** Exemption from liability
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 22 / Article 22A / Section 3

## Text

(a) Notwithstanding any other provision of this code to the contrary, a person engaged in removal activities is not liable for removal costs or damages which result from acts or omissions in the course of rendering care, assistance or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the state official charged with responsibility for oil discharge responses.

(b) Subsection (a) of this section does not apply:

(1) To a responsible party;

(2) With respect to personal injury or wrongful death; or

(3) If the person is grossly negligent or engages in willful misconduct.

(c) A responsible party is liable for any removal costs and damages that another person is relieved of under the provisions of subsection (a) of this section.

(d) Nothing in this section affects the liability of a responsible party for oil spill response under state law.

## Nearby sections

- [W. Va. Code § 22-22A-1 §22-22A-1. Short title.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C22_A22A_S1.md)
- [W. Va. Code § 22-22A-2 §22-22A-2. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C22_A22A_S2.md)
- [W. Va. Code § 22-22A-3 §22-22A-3. Exemption from liability.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C22_A22A_S3.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C22_A22A_S3. Check the current official text before relying on it. Not legal advice.