WV HB3513

Licensees serving alcohol at private clubs are generally not liable for injuries caused by intoxicated patrons unless they knowingly served someone underage or someone who was visibly intoxicated at the time of service.

A rebuttable presumption against liability exists if the establishment uses a transaction scan device to verify age or maintains a written policy requiring age verification that is communicated to employees and monitored for compliance.

Intoxicated drivers of legal drinking age, voluntary passengers who knew the driver was intoxicated, and their estates cannot sue licensees or property owners for injuries resulting from the intoxicated driver's actions.

Licensees maintaining liquor liability insurance of at least $1 million per occurrence and $2 million aggregate receive caps on damages: past medical expenses limited to $1 million and punitive damages capped at two times compensatory damages.

Property owners and lessors who rent to licensed establishments are shielded from liability unless they are also the licensee or acted with willful, wanton, or gross negligence; the law applies to cases filed on or after August 1, 2025.