{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-227.19.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-227.19.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-227.19.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-227.19.html"}],"law_id":376996,"edition_id":2,"section_id":376996,"structure_id":53582,"section_number":"8.01-227.19","catch_line":"Assumption of risks","history":"2012, c. 713.","full_text":"A\n\nA winter sports participant shall be presumed to have known the inherent risks of the winter sport in which he participates, to have fully appreciated the nature and extent of such risks, and to have voluntarily exposed himself to such risks, even if a particular risk was not specifically presented or stated to the participant by the operator. A passenger who uses a passenger tramway with the permission of an operator shall be presumed to have known the risks of winter sports that are applicable to the use of passenger tramways, to have fully appreciated the nature and extent of such risks, and to have voluntarily exposed himself to such risks, even if a particular risk was not specifically presented or stated to the individual by the operator. Such presumption may be rebutted by the participant or passenger by proving that the participant or passenger did not know the particular inherent risk of winter sports that proximately caused the injury or death or damage to property at issue, did not fully appreciate the nature and extent of such risk, or did not voluntarily expose himself to such risk.\n\nB\n\nAn operator’s negligence is not an inherent risk of winter sports, and a participant or passenger is not presumed to have accepted the risk of such negligence and the injuries proximately caused therefrom.\n\nC\n\nIn determining if the presumption set forth in subsection A applies in a particular case, whether a particular circumstance or set of circumstances constitutes an inherent risk of winter sports shall be a question of law, and whether the participant or passenger assumed the particular inherent risk of winter sports shall be a question of fact.\n\nD\n\nNothing herein shall prevent a participant or passenger from offering evidence that he did not know the particular inherent risk of winter sports that proximately caused the injury or death or damage to property at issue, did not fully appreciate the nature and extent of such risk, or did not voluntarily expose himself to such risk.\n\n","order_by":null,"text":{"0":{"id":1407247,"text":"A winter sports participant shall be presumed to have known the inherent risks of the winter sport in which he participates, to have fully appreciated the nature and extent of such risks, and to have voluntarily exposed himself to such risks, even if a particular risk was not specifically presented or stated to the participant by the operator. A passenger who uses a passenger tramway with the permission of an operator shall be presumed to have known the risks of winter sports that are applicable to the use of passenger tramways, to have fully appreciated the nature and extent of such risks, and to have voluntarily exposed himself to such risks, even if a particular risk was not specifically presented or stated to the individual by the operator. Such presumption may be rebutted by the participant or passenger by proving that the participant or passenger did not know the particular inherent risk of winter sports that proximately caused the injury or death or damage to property at issue, did not fully appreciate the nature and extent of such risk, or did not voluntarily expose himself to such risk.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1407248,"text":"An operator’s negligence is not an inherent risk of winter sports, and a participant or passenger is not presumed to have accepted the risk of such negligence and the injuries proximately caused therefrom.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1407249,"text":"In determining if the presumption set forth in subsection A applies in a particular case, whether a particular circumstance or set of circumstances constitutes an inherent risk of winter sports shall be a question of law, and whether the participant or passenger assumed the particular inherent risk of winter sports shall be a question of fact.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1407250,"text":"Nothing herein shall prevent a participant or passenger from offering evidence that he did not know the particular inherent risk of winter sports that proximately caused the injury or death or damage to property at issue, did not fully appreciate the nature and extent of such risk, or did not voluntarily expose himself to such risk.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":53582,"edition_id":2,"name":"Winter Sports Safety Act","identifier":"25","label":"article","depth":3,"order_by":27,"parent_id":53562,"metadata":{"child_laws":13,"child_structures":0},"date_created":"2026-08-02 03:18:58","date_modified":"2026-08-02 12:28:15","permalink":{"id":1507643,"object_type":"structure","relational_id":53582,"identifier":"25","token":"8.01\/3\/25","url":"\/8.01\/3\/25\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53562,"edition_id":2,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":5,"parent_id":53558,"metadata":{"child_laws":357,"child_structures":31},"date_created":"2026-08-02 03:18:33","date_modified":"2026-08-02 12:28:10","permalink":{"id":1506637,"object_type":"structure","relational_id":53562,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376988,"structure_id":53582,"section_number":"8.01-227.11","catch_line":"Definitions","url":"\/8.01-227.11\/","token":"8.01\/3\/25\/8.01-227.11","metadata":false},{"id":376989,"structure_id":53582,"section_number":"8.01-227.12","catch_line":"Warnings and other winter sports area operator requirements","url":"\/8.01-227.12\/","token":"8.01\/3\/25\/8.01-227.12","metadata":false},{"id":376990,"structure_id":53582,"section_number":"8.01-227.13","catch_line":"Winter sports area trail maps","url":"\/8.01-227.13\/","token":"8.01\/3\/25\/8.01-227.13","metadata":false},{"id":376991,"structure_id":53582,"section_number":"8.01-227.14","catch_line":"Freestyle terrain","url":"\/8.01-227.14\/","token":"8.01\/3\/25\/8.01-227.14","metadata":false},{"id":376992,"structure_id":53582,"section_number":"8.01-227.15","catch_line":"Winter sports area vehicles","url":"\/8.01-227.15\/","token":"8.01\/3\/25\/8.01-227.15","metadata":false},{"id":376993,"structure_id":53582,"section_number":"8.01-227.16","catch_line":"Passenger tramways","url":"\/8.01-227.16\/","token":"8.01\/3\/25\/8.01-227.16","metadata":false},{"id":376994,"structure_id":53582,"section_number":"8.01-227.17","catch_line":"Duties and responsibilities of winter sports participants and certain other individuals","url":"\/8.01-227.17\/","token":"8.01\/3\/25\/8.01-227.17","metadata":false},{"id":376995,"structure_id":53582,"section_number":"8.01-227.18","catch_line":"Helmets","url":"\/8.01-227.18\/","token":"8.01\/3\/25\/8.01-227.18","metadata":false},{"id":376996,"structure_id":53582,"section_number":"8.01-227.19","catch_line":"Assumption of risks","url":"\/8.01-227.19\/","token":"8.01\/3\/25\/8.01-227.19","metadata":false},{"id":376997,"structure_id":53582,"section_number":"8.01-227.20","catch_line":"Liability of winter sports area operator","url":"\/8.01-227.20\/","token":"8.01\/3\/25\/8.01-227.20","metadata":false},{"id":376998,"structure_id":53582,"section_number":"8.01-227.21","catch_line":"Common law regarding minors","url":"\/8.01-227.21\/","token":"8.01\/3\/25\/8.01-227.21","metadata":false},{"id":376999,"structure_id":53582,"section_number":"8.01-227.22","catch_line":"Failure to fulfill duty or responsibility not negligence per 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This law was first created in 2012. The record of its establishment is cataloged in chapter 713<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":376997,"section_number":"8.01-227.20","catch_line":"Liability of winter sports area operator","order_by":null,"url":"\/8.01-227.20\/"}],"refers_to":false,"permalink":{"id":1507677,"object_type":"law","relational_id":376996,"identifier":"8.01-227.19","token":"8.01\/3\/25\/8.01-227.19","url":"\/8.01-227.19\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-227.19\/","token":"8.01\/3\/25\/8.01-227.19","dublin_core":{"Title":"Assumption of risks","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-227.19","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A winter sports participant<\/span> shall be presumed to have known the inherent risks of the winter sport<\/span> in which he participates, to have fully appreciated the nature and extent of such risks, and to have voluntarily exposed himself to such risks, even if a particular risk was not specifically presented or stated to the participant by the operator<\/span>. A passenger who uses a passenger tramway<\/span> with the permission of an operator<\/span> shall be presumed to have known the risks of winter sports that are applicable to the use of passenger tramways<\/span>, to have fully appreciated the nature and extent of such risks, and to have voluntarily exposed himself to such risks, even if a particular risk was not specifically presented or stated to the individual by the operator<\/span>. Such presumption<\/span> may be rebutted by the participant or passenger by proving that the participant or passenger did not know the particular inherent risk of winter sports that proximately caused the injury or death or damage to property at issue<\/span>, did not fully appreciate the nature and extent of such risk, or did not voluntarily expose himself to such risk. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An operator<\/span>’s negligence<\/span> is not an inherent risk of winter sports, and a participant or passenger is not presumed to have accepted the risk of such negligence<\/span> and the injuries proximately caused therefrom. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In determining if the presumption<\/span> set forth in subsection A applies in a particular case, whether a particular circumstance or set of circumstances constitutes an inherent risk of winter sports shall be a question of law<\/span>, and whether the participant or passenger assumed the particular inherent risk of winter sports shall be a question of fact<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing herein shall prevent a participant or passenger from offering evidence<\/span> that he did not know the particular inherent risk of winter sports that proximately caused the injury or death or damage to property at issue<\/span>, did not fully appreciate the nature and extent of such risk, or did not voluntarily expose himself to such risk. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSUMPTION OF RISKS (\u00a7 8.01-227.19)\n\nA. A winter sports participant shall be presumed to have known the inherent\nrisks of the winter sport in which he participates, to have fully appreciated\nthe nature and extent of such risks, and to have voluntarily exposed himself to\nsuch risks, even if a particular risk was not specifically presented or stated\nto the participant by the operator. A passenger who uses a passenger tramway\nwith the permission of an operator shall be presumed to have known the risks of\nwinter sports that are applicable to the use of passenger tramways, to have\nfully appreciated the nature and extent of such risks, and to have voluntarily\nexposed himself to such risks, even if a particular risk was not specifically\npresented or stated to the individual by the operator. Such presumption may be\nrebutted by the participant or passenger by proving that the participant or\npassenger did not know the particular inherent risk of winter sports that\nproximately caused the injury or death or damage to property at issue, did not\nfully appreciate the nature and extent of such risk, or did not voluntarily\nexpose himself to such risk.\n\nB. An operator’s negligence is not an inherent risk of winter sports, and\na participant or passenger is not presumed to have accepted the risk of such\nnegligence and the injuries proximately caused therefrom.\n\nC. In determining if the presumption set forth in subsection A applies in a\nparticular case, whether a particular circumstance or set of circumstances\nconstitutes an inherent risk of winter sports shall be a question of law, and\nwhether the participant or passenger assumed the particular inherent risk of\nwinter sports shall be a question of fact.\n\nD. Nothing herein shall prevent a participant or passenger from offering\nevidence that he did not know the particular inherent risk of winter sports that\nproximately caused the injury or death or damage to property at issue, did not\nfully appreciate the nature and extent of such risk, or did not voluntarily\nexpose himself to such risk.\n\nHISTORY: 2012, c. 713.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}