{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-227.20.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-227.20.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-227.20.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-227.20.html"}],"law_id":376997,"edition_id":2,"section_id":376997,"structure_id":53582,"section_number":"8.01-227.20","catch_line":"Liability of winter sports area operator","history":"2012, c. 713.","full_text":"A\n\nA winter sports area operator shall be liable if the operator does any of the following:\n\n1\n\nCommits an act or omission related to a winter sport that constitutes negligence or gross negligence regarding the safety of an individual, or of property, and that act or omission proximately causes injury to or the death of the individual or damage to property; or\n\n2\n\nRecklessly, knowingly, or intentionally commits an act or omission related to a winter sport that proximately causes injury to or the death of a winter sports participant or other individual or damage to property.\n\nB\n\nNo operator shall be liable and no individual or individual’s representative may recover from an operator under subdivision A 1 or subsection C if the individual is found to have assumed the risk of his injury or death, or damage to property, pursuant to § 8.01-227.19 or if a proximate cause of the injury, death, or damage was his own negligence, provided that in any action for damages against an operator pursuant to subdivision A 1 or subsection C, the operator shall plead, as appropriate, the affirmative defense of (i) assumption of the risk by the individual, (ii) contributory negligence by the individual, or (iii) both assumption of the risk and contributory negligence.\n\nC\n\nA winter sports area operator shall not be considered a common carrier under Virginia law but shall be liable for any injury to or death of an individual or damage to property caused by the operator’s failure to operate a passenger tramway in a reasonable manner or to comply with any mandatory provision of the ANSI Ski Lift Code.\n\nD\n\nThe liability of a winter sports area operator to another individual who is not authorized by the operator to use or be present at the winter sports area shall be only the liability for the duty owed under Virginia law to a trespasser.\n\n","order_by":null,"text":{"0":{"id":1407251,"text":"A winter sports area operator shall be liable if the operator does any of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1407252,"text":"Commits an act or omission related to a winter sport that constitutes negligence or gross negligence regarding the safety of an individual, or of property, and that act or omission proximately causes injury to or the death of the individual or damage to property; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1407253,"text":"Recklessly, knowingly, or intentionally commits an act or omission related to a winter sport that proximately causes injury to or the death of a winter sports participant or other individual or damage to property.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1407254,"text":"No operator shall be liable and no individual or individual’s representative may recover from an operator under subdivision A 1 or subsection C if the individual is found to have assumed the risk of his injury or death, or damage to property, pursuant to § 8.01-227.19 or if a proximate cause of the injury, death, or damage was his own negligence, provided that in any action for damages against an operator pursuant to subdivision A 1 or subsection C, the operator shall plead, as appropriate, the affirmative defense of (i) assumption of the risk by the individual, (ii) contributory negligence by the individual, or (iii) both assumption of the risk and contributory negligence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":1407255,"text":"A winter sports area operator shall not be considered a common carrier under Virginia law but shall be liable for any injury to or death of an individual or damage to property caused by the operator’s failure to operate a passenger tramway in a reasonable manner or to comply with any mandatory provision of the ANSI Ski Lift Code.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":1407256,"text":"The liability of a winter sports area operator to another individual who is not authorized by the operator to use or be present at the winter sports area shall be only the liability for the duty owed under Virginia law to a trespasser.","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 se","url":"\/8.01-227.22\/","token":"8.01\/3\/25\/8.01-227.22","metadata":false},{"id":377000,"structure_id":53582,"section_number":"8.01-227.23","catch_line":"Applicability of article","url":"\/8.01-227.23\/","token":"8.01\/3\/25\/8.01-227.23","metadata":false}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-227.20\/","history_text":"

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":false,"refers_to":[{"id":376996,"section_number":"8.01-227.19","catch_line":"Assumption of risks","order_by":null,"url":"\/8.01-227.19\/"}],"permalink":{"id":1507681,"object_type":"law","relational_id":376997,"identifier":"8.01-227.20","token":"8.01\/3\/25\/8.01-227.20","url":"\/8.01-227.20\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-227.20\/","token":"8.01\/3\/25\/8.01-227.20","dublin_core":{"Title":"Liability of winter sports area operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-227.20","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A winter sports area operator<\/span> shall be liable if the operator does any of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Commits an act or omission related to a winter sport<\/span> that constitutes negligence<\/span> or gross negligence<\/span> regarding the safety of an individual, or of property, and that act or omission proximately causes injury to or the death of the individual or damage to property; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Recklessly, knowingly, or intentionally commits an act or omission related to a winter sport<\/span> that proximately causes injury to or the death of a winter sports participant<\/span> or other individual or damage to property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No operator shall be liable and no individual or individual’s representative may recover from an operator under subdivision A 1 or subsection C if the individual is found to have assumed the risk of his injury or death, or damage to property, pursuant to § 8.01-227.19<\/a> or if a proximate cause of the injury, death, or damage was his own negligence<\/span>, provided that in any action<\/span> for damages<\/span> against an operator pursuant to subdivision A 1 or subsection C, the operator shall plead, as appropriate, the affirmative defense<\/span> of (i) assumption of the risk by the individual, (ii) contributory negligence<\/span> by the individual, or (iii) both assumption of the risk and contributory negligence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A winter sports area operator<\/span> shall not be considered a common carrier under Virginia law<\/span> but shall be liable for any injury to or death of an individual or damage to property caused by the operator’s failure to operate a passenger tramway<\/span> in a reasonable manner or to comply with any mandatory provision of the ANSI Ski Lift Code<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The liability of a winter sports area operator<\/span> to another individual who is not authorized by the operator to use or be present at the winter sports area<\/span> shall be only the liability for the duty owed under Virginia law<\/span> to a trespasser. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF WINTER SPORTS AREA OPERATOR (\u00a7 8.01-227.20)\n\nA. A winter sports area operator shall be liable if the operator does any of the\nfollowing:\n\n 1. Commits an act or omission related to a winter sport that constitutes\n negligence or gross negligence regarding the safety of an individual, or of\n property, and that act or omission proximately causes injury to or the death\n of the individual or damage to property; or\n\n 2. Recklessly, knowingly, or intentionally commits an act or omission related\n to a winter sport that proximately causes injury to or the death of a winter\n sports participant or other individual or damage to property.\n\nB. No operator shall be liable and no individual or individual’s\nrepresentative may recover from an operator under subdivision A 1 or subsection\nC if the individual is found to have assumed the risk of his injury or death, or\ndamage to property, pursuant to § 8.01-227.19 or if a proximate cause of\nthe injury, death, or damage was his own negligence, provided that in any action\nfor damages against an operator pursuant to subdivision A 1 or subsection C, the\noperator shall plead, as appropriate, the affirmative defense of (i) assumption\nof the risk by the individual, (ii) contributory negligence by the individual,\nor (iii) both assumption of the risk and contributory negligence.\n\nC. A winter sports area operator shall not be considered a common carrier under\nVirginia law but shall be liable for any injury to or death of an individual or\ndamage to property caused by the operator’s failure to operate a passenger\ntramway in a reasonable manner or to comply with any mandatory provision of the\nANSI Ski Lift Code.\n\nD. The liability of a winter sports area operator to another individual who is\nnot authorized by the operator to use or be present at the winter sports area\nshall be only the liability for the duty owed under Virginia law to a\ntrespasser.\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"}}