West Virginia Code § 29-12A-4

Governmental and proprietary functions of political subdivisions;
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liability for damages.
(a) The distinction existing between governmental functions and proprietary functions of
political subdivisions is not affected by the provisions of this article; however, the provisions
of this article shall apply to both governmental and proprietary functions.
(b) (1) Except as provided in subsection (c) of this section, a political subdivision is not liable
in damages in a civil action for injury, death, or loss to persons or property allegedly caused
by any act or omission of the political subdivision or an employee of the political subdivision
in connection with a governmental or proprietary function: Proviuded, That this article shall
not restrict the availability of mandamus, injunction, prohibition, and other extraordinary
remedies. t
(2) Subject to statutory limitations upon their venue and jurisdiction, the circuit courts have
jurisdiction to hear and determine civil actions governed by or brought pursuant to this
article. l
(c) Subject to sections five and six of this article, a political subdivision is liable in damages
in a civil action for injury, death, or loss toi persons or property allegedly caused by an act or
omission of the political subdivision gor of any of its employees in connection with a
governmental or proprietary function, as follows:
(1) Except as otherwise provided in this article, political subdivisions are liable for injury,
death, or loss to persons or property caused by the negligent operation of any vehicle by
their employees when the employees are engaged within the scope of their employment and
authority.
(2) Political suVbdivisions are liable for injury, death, or loss to persons or property caused by
the negligent performance of acts by their employees while acting within the scope of
employment.
(3) Political subdivisions are liable for injury, death, or loss to persons or property caused by
their negligent failure to keep public roads, highways, streets, avenues, alleys, sidewalks,
bridges, aqueducts, viaducts, or public grounds within the political subdivisions open, in
repair, or free from nuisance, except that it is a full defense to such liability, when a bridge
within a municipality is involved, that the municipality does not have the responsibility for
maintain or inspecting the bridge.
(4) Political subdivisions are liable for injury, death, or loss to persons or property that is
caused by the negligence of their employees and that occurs within or on the grounds of
buildings that are used by such political subdivisions, including, but not limited to, office
buildings and courthouses, but not including jails, places of juvenile detention, workhouses,
or any other detention facility.
(5) In addition to the circumstances described in subsection (c)(1) to (4) of this section, a
political subdivision is liable for injury, death, or loss to persons or property when liability is
expressly imposed upon the political subdivision by a provision of this code. Liability shall
not be construed to exist under another section of this code merely because a responsibility
is imposed upon a political subdivision or because of a general authorization that a political
subdivision may sue and be sued.

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