(a) A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct.(b) The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary's official misconduct, if:(1) The notary public was acting within the scope of his or her employment at the time he or she engaged in the official misconduct; and(2) The employer consented to the notary public's official misconduct.(c) It is not essential to a recovery of damages that a notary's official misconduct be the only proximate cause of the damages.(d) For the purposes of this section, the term 'official misconduct' means any act or conduct that:(1) May result in the denial, refusal to renew, revocation, suspension or condition commission of a notary public pursuant to section twenty-one of this article; or(2) Is prohibited by section twenty-three of this article.
West Virginia Legal Code