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place of public assembly, or a public building is affixed with a statutory responsibility to maintain such place in a reasonably safe condition.”). West Virginia case law is clear, however, that “once an independent contractor assumes control of the premises, the property owner is relieved of liability for conditions created by the independent contractor.” France, at 10. West Virginia does recognize the inherently dangerous work exception to the independent contractor defense. “The dangerous work exception to the independent contractor defense is that if the employer of the independent contractor knows the work is hazardous or dangerous, he cannot escape liability.” Pasquale v. Ohio Power Co., 187 W.Va. 292, 303 n. 18, 418 S.E.2d 738, 749 n. 18 (1992). See also, Syl. Pt. 2, King v. Lens Creek Ltd. Partnership, 199 W.Va. 136, 483 S.E.2d 265 (1996) (“A principal has a non-delegable duty to exercise reasonable care when performing an inherently dangerous activity; a duty that the principal cannot discharge by hiring an independent contractor to undertake the activity.”)
West Virginia jurisprudence maintains a general two-year statute of limitations for personal injury actions. See, W. Va. Code § 55-2-12. The statutory provisions governing wrongful death claims contain separate reference to the two-year statute of limitations. See, W. Va. Code § 55-7-6(d). (“Every such action shall be commenced within two years after the death of such deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five.”) If the person injured is under 18 years of age at the time of the injury, or under some other disability, W. Va. Code § 55-2-15(b) controls when the resultant suit must be filed. (“If any person to whom the right accrues to bring any personal action other than an action described in subsection (a) of this section, suit, or scire facias, or any bill to repeal a grant, shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his or her becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues, or after such acknowledgment as is mentioned in § 55-2-8 of this this code, except that it shall in no case be brought after 20 years from the time when the right accrues.
In light of the foregoing, it is important to note that West Virginia does recognize the discovery rule. “In tort actions, unless there is a clear statutory prohibition to its application, under the discovery rule the statute of limitations begins to run when the plaintiff knows, or by the exercise of reasonable diligence, should know (1) that the plaintiff has been injured, (2) the identity of the entity who owed the plaintiff a duty to act with due care, and who may have engaged in conduct that breached that duty, and (3) that the conduct of that entity has a causal relation to the injury.” Syl. Pt. 4, Bradshaw v. Soulsby, 210 W. Va. 682, 684, 558 S.E.2d 681, 683 (2001). In a wrongful death action, under the discovery rule, the statute of limitation contained in W. Va. Code 55-7-6(d) begins to run when the decedent’s representative knows or by the exercise of reasonable diligence should know (1) that the decedent has died; (2) that the death was the result of a wrongful act, neglect, or default; (3) the identity of the person or entity who owed the decedent a duty to act with due care and who may have engaged in conduct that breached that duty; and (4) that the wrongful act, neglect or default of that person or entity has a causal relation to the decedent’s death. Syl. Pt. 8, Bradshaw.
Comparative Fault
Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded. If the plaintiff’s fault is less than the combined fault of all other persons, the plaintiff’s recovery shall be reduced in proportion to the plaintiff’s degree of fault. See, W. Va. Code § 55-7-13c. In multi-defendant trials, judgment must be entered against each defendant. The court, with regard to each defendant, shall multiply the total amount of compensatory damages recoverable by the plaintiff by the percentage of each defendant’s fault and. That amount shall be the maximum recoverable against that defendant. Under subsection (a) of W. Va. Code § 55-7-13c:
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