West Virginia Code § 20-16-5

Duties of participants
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It is recognized that the adventure and recreational activities described in this article are
hazardous to participants, regardless of all feasible safety measures which can be taken.
Each participant in an adventure or recreational activity expressly assumes the risk of and
legal responsibility for any injury, loss or damage to person or property which results from
participation in an activity. Each participant shall have the sole individual responsibility for
knowing the range of his or her own ability to participate in a particular adventure or
recreational activity, and it shall be the duty of each participant to act within the limits of
the participant's own ability, to heed all posted warnings, to act uin accordance with the
instructions of any employee of the non-profit youth organization or provider, to perform an
adventure or recreational activity only in an area or facility dtesignated by the nonprofit
youth organization or provider and to refrain from acting in a manner which may cause or
contribute to the injury of anyone. There is a rebuttable presumption that any participant
under the age of fourteen is incapable of comparative negligence or assumption of the risk.
There is an irrebuttable presumption that any participant under the age of seven is
incapable of comparative negligence or assumsption of the risk. Any participant over the age
of fourteen will be subject to the common law presumptions as to their acts and or
omissions.
A participant involved in an accident shall not depart from the area or facility where the
adventure or recreational activeity took place without leaving personal identification,
including name and address, or without notifying the proper authorities, or without
obtaining assistance whLen that person knows or reasonably should know that any other
person involved in the accident is in need of medical or other assistance.

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