(a) A participant is not liable for any injury, loss, or damage resulting from violations of the duties established in 20-19-4 of this code where the violation of the duty constitutes simple negligence on the part of the participant, or where the injury, loss, or damage is a result of the risks inherent in motorsports. (b) A participant is liable for injury, loss, or damage resulting from violations of the duties established in 20-19-4 of this code where the violation of the duty constitutes gross negligence, willful and wanton conduct, or intentional acts on the part the participant, and is the proximate cause of the injury, loss, or damage suffered.
West Virginia Legal Code