(a) For purposes of this article, "comparative fault" means the degree to which the fault of a person was a proximate cause of an alleged personal injury or death or damage to property, expressed as a percentage. Fault shall be determined according to section thirteen-c of this article.
(b) In any action based on tort or any other legal theory seeking damages for personal injury, property damage, or wrongful death, recovery shall be predicated upon principles of comparative fault and the liability of each person, including plaintiffs, defendants and nonparties who proximately caused the damages, shall be allocated to each applicable person in direct proportion to that person's percentage of fault.
(c) The total of the percentages of comparative fault allocated by the trier of fact with respect to a particular incident or injury must equal either zero percent or one hundred percent.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 7. Actions for Injuries
§55-7-3. Unlawful Seizure or Attachment
§55-7-4. Action of Replevin Abolished
§55-7-5. Action for Death by Wrongful Act
§55-7-7. 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
§55-7-13a. Modified Comparative Fault Standard Established
§55-7-13c. Liability to Be Several; Amount of Judgment; Allocation of Fault
§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
§55-7-18a. Employer Immunity From Liability; Disclosure of Information Regarding Former Employees
§55-7-20. Limiting Civil Liability of Nonprofits for Arranging Passage on Excursion Trains
§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
§55-7-27. Liability of Possessor of Real Property for Harm to a Trespasser
§55-7-29. Limitations on Punitive Damages
§55-7-31. Limitation on Products Liability Actions; Innocent Seller