By Taylor Downs, Manchin Injury Law Group (reprinted)

"For years in West Virginia, plaintiffs were precluded from bringing premises liability actions if the danger that caused the injury was deemed 'open and obvious.' Under the open and obvious common law doctrine, if a plaintiff is injured by a hazard on another's land that was 'open and obvious' such that it was or could have been known to the reasonable plaintiff, then the Plaintiff was barred from recovering any damages from the premises owner or possessor. Under this doctrine, the premises owner owed no duty of care to eliminate the open and obvious hazards. Instead, the owner only had a duty to correct hidden dangers." This has changed.

From WV Division of Forestry

West Virginia State Forester Randy Dye praises a new federal designation for the Monongahela National Forest (MNF) designed to allow the WV Division of Forestry to work more quickly and effectively with the federal government to combat insect and disease threats to the forest. Gov. Earl Ray Tomblin requested the designation via letter April 7, 2014, citing several threats currently facing MNF, including beech bark disease, hemlock woolly adelgid, gypsy moth and emerald ash borer.

You should now have your registration forms for the WVFA 2014 Annual Meeting, to be held once again at Canaan Valley, July 11-12. Speakers will address how the Affordable Care Act will affect us all and what we can expect from the new West Virginia law to regulate "aboveground chemical storage tanks." We also plan OSHA and stewardship courses for continuing education credits, where applicable. Please complete the form and return it to us ASAP. We would be happy to answer your questions at 1-888-372-9663 or WVFA@WVFA.org.

And don't forget about all the family friendly fun and events. Make our meeting a part of your family's summer tradition... as so many have, for so long. Come to Canaan, the place for "Ideas that keep growing"!

The meetings are still going on to discuss how we should respond to the EPA proposal to expand their regulations to even more waters and waterways, under the Clean Water Act (see the last three editions of the publication and The Forestry Monitor, our monthly hard copy newsletter, that you should receive next week). Please consider attending one.

Have you heard the MetroNews Radio announcements about WV Stewardship Plans, all over the state since January? Here it is:

"Did you know that most of West Virginia’s forestland is privately owned by people just like you? Being a forest steward is easy with the help of professional foresters who can create an individualized stewardship plan for your woodland property. Plans are based on scientific management techniques that keep forestland economically viable and protect ecologically sensitive areas - now and in the future. Contact your local Landowner Assistance Forester at wvforestry.com. This message is brought to you by the West Virginia Forestry Association - Ideas that keep growing."