2016 West Virginia Code
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-26. First responders who use forced entry in response to 911 call; limited immunity from civil and criminal liability.
(a) "First responder" includes: law-enforcement officers, firefighters, emergency medical services personnel and others that respond to calls for emergency medical assistance.
(b) Neither a first responder nor his or her supervisor, agency, employer or supervising entity is liable for any civil damages or criminal liability resulting from a forcible entry of a home, business or other structure if the first responder:
(1) Is responding to a documented 911 call for emergency medical assistance;
(2) Has made reasonable efforts to summon an occupant of the home, business, or structure by knocking or otherwise notifying the occupant(s) of his or her presence;
(3) Has not received a response from an occupant within a reasonable period of time; and
(4) Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency medical assistance or preventing imminent bodily harm.
(c) Nothing in this section shall affect the standard of care a first responder must employ when rendering aid after gaining entry.
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