W. Va. Code » §55-7-9. Violation of statutes.
West Virginia Code

W. Va. Code § 55-7-9 (2026)

Violation of statutes

✓ current as of May 2026
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ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-9. Violation of statutes.

Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages.

Notes of Decisions
Cited in 36 cases (7 in the last 5 years), 1981–2024 · leading case: Jenkins v. J. C. Penney Cas. Ins., 280 S.E.2d 252 (W. Va. 1981).
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Jenkins v. J. C. Penney Cas. Ins., 280 S.E.2d 252 (W. Va. 1981). · cites it 4× “1 We also have *600 some general legislative confirmation of this principle under W. Va. Code, 55-7-9. 2 In England v. Central Pocahontas Coal Co.”
Hill v. Stowers, 680 S.E.2d 66 (W. Va. 2009). · cites it 6× “2008), which provides: Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be…”
Courtney v. Courtney, 413 S.E.2d 418 (W. Va. 1991). · cites it 3× “They allege that she knew that he was a manic-depressive and that the alcohol and drugs would cause him to become violent and abusive.”
Marcus v. Staubs ex rel. Staubs, 736 S.E.2d 360 (W. Va. 2012). · cites it 4× “Violation of Statute The basis for liability arising out of violation of statute is found in W. Va.Code § 55-7-9 (Repl.Vol.2008), which provides: “Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the…”
Shaffer v. Acme Limestone Co., Inc., 524 S.E.2d 688 (W. Va. 1999). · cites it 2× “W. Va.Code § 55-7-9 (1923) (Repl.Vol.1994) expressly authorizes civil liability based on a violation of a statute: Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or…”
Reed v. Phillips, 452 S.E.2d 708 (W. Va. 1994). · cites it 4× “[6] In Anderson this Court noted that West Virginia Code § 55-7-9 (1994) expressly authorizes civil liability based on a violation of a statute.”
Anderson v. Moulder, 394 S.E.2d 61 (W. Va. 1990). · cites it 2× “W.Va. Code, 55-7-9 (1923), expressly authorizes civil liability based on a violation of statute: “Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such…”
Wolford v. Child.'s Home Soc'y of West Virginia, 17 F. Supp. 2d 577 (S.D.W. Va 1998). · cites it 6× “” W.Va. Code § 55-7-9 (1994). See, e.g., Bailey v.”
S. States Coop. Inc. v. I.S.P. Co., 198 F. Supp. 2d 807 (N.D.W. Va. 2002). · cites it 4× “Private Cause of Action The Garvins contend that W.Va. Code § 55-7-9 creates an implied private cause of action under the West Virginia Commercial Feed Law.”
Yourtee v. Hubbard, 474 S.E.2d 613 (W. Va. 1996). · cites it 2× “W. Va. Code 55-7-9 (1923) expressly authorizes civil liability based on a violation of a statute: Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such…”
Beahm v. 7-Eleven, Inc., 672 S.E.2d 598 (W. Va. 2008). · cites it 2× “The Proctor complaint alleged four causes of action: 1) strict liability; 2) negligence; 3) punitive damages; and 4) violation of West Virginia Code § 55-7-9. The identical four claims were alleged in the instant action, also adding the claims of nuisance and trespass.”
Arbaugh v. Bd. of Educ., 591 S.E.2d 235 (W. Va. 2003). · cites it 2× “After briefing and a hearing on the issues related to the motion to dismiss, the magistrate entered an order on May 9, 2002, *680 in which he found that pursuant to West Virginia Code § 55-7-9 and this Court’s decision in Hurley v.”
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