{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1106.html"}],"law_id":62369,"edition_id":1,"section_id":62369,"structure_id":15988,"section_number":"28.2-1106","catch_line":"Liability limited; liability actions prohibited","history":"2009, c. 329.","full_text":"A\n\nExcept as provided in subsection B, a marine tourism professional is not liable for injury to or death of a participant resulting from the inherent risks of marine tourism activities, so long as the warning contained in § 28.2-1107 is posted as required, and, except as provided in subsection B, no participant or participant’s representative is authorized to maintain an action against or recover from a marine tourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of marine tourism activities; provided that in any action for damages against a marine tourism professional for marine tourism activities, the marine tourism professional shall plead the affirmative defense of assumption of the risk of the marine tourism activity by the participant.B\n\nNothing in subsection A shall prevent or limit the liability of a marine tourism professional if the marine tourism professional does any one or more of the following:1\n\nCommits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant;2\n\nHas actual knowledge or reasonably should have known of a dangerous condition on the land or water, or in the facilities or equipment used in the activity, or the dangerous propensity of a particular marine product used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant; or3\n\nIntentionally injures the participant.C\n\nAny limitation on legal liability afforded by this section to a marine tourism professional is in addition to any other limitations of legal liability otherwise provided by law.","order_by":null,"text":{"0":{"id":227472,"text":"Except as provided in subsection B, a marine tourism professional is not liable for injury to or death of a participant resulting from the inherent risks of marine tourism activities, so long as the warning contained in § 28.2-1107 is posted as required, and, except as provided in subsection B, no participant or participant’s representative is authorized to maintain an action against or recover from a marine tourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of marine tourism activities; provided that in any action for damages against a marine tourism professional for marine tourism activities, the marine tourism professional shall plead the affirmative defense of assumption of the risk of the marine tourism activity by the participant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":227473,"text":"Nothing in subsection A shall prevent or limit the liability of a marine tourism professional if the marine tourism professional does any one or more of the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":227474,"text":"Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":227475,"text":"Has actual knowledge or reasonably should have known of a dangerous condition on the land or water, or in the facilities or equipment used in the activity, or the dangerous propensity of a particular marine product used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":227476,"text":"Intentionally injures the participant.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":227477,"text":"Any limitation on legal liability afforded by this section to a marine tourism professional is in addition to any other limitations of legal liability otherwise provided by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"ancestry":[{"id":15988,"edition_id":1,"name":"Marine Tourism Activity Liability","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 04:03:14","date_modified":"2026-06-26 04:03:14","permalink":{"id":190747,"object_type":"structure","relational_id":15988,"identifier":"11.1","token":"28.2\/II\/11.1","url":"\/28.2\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85557,"structure_id":15988,"section_number":"28.2-1105","catch_line":"Definitions","url":"\/28.2-1105\/","token":"28.2\/II\/11.1\/28.2-1105","metadata":false},{"id":62369,"structure_id":15988,"section_number":"28.2-1106","catch_line":"Liability limited; liability actions prohibited","url":"\/28.2-1106\/","token":"28.2\/II\/11.1\/28.2-1106","metadata":false},{"id":72380,"structure_id":15988,"section_number":"28.2-1107","catch_line":"Warning required","url":"\/28.2-1107\/","token":"28.2\/II\/11.1\/28.2-1107","metadata":false}],"previous_section":{"id":85557,"structure_id":15988,"section_number":"28.2-1105","catch_line":"Definitions","url":"\/28.2-1105\/","token":"28.2\/II\/11.1\/28.2-1105","metadata":false},"next_section":{"id":72380,"structure_id":15988,"section_number":"28.2-1107","catch_line":"Warning required","url":"\/28.2-1107\/","token":"28.2\/II\/11.1\/28.2-1107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1106\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 329<\/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":72380,"section_number":"28.2-1107","catch_line":"Warning required","order_by":null,"url":"\/28.2-1107\/"}],"permalink":{"id":190753,"object_type":"law","relational_id":62369,"identifier":"28.2-1106","token":"28.2\/II\/11.1\/28.2-1106","url":"\/28.2-1106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1106\/","token":"28.2\/II\/11.1\/28.2-1106","dublin_core":{"Title":"Liability limited; liability actions prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B, a marine tourism professional<\/span> is not liable for injury to or death of a participant<\/span> resulting from the inherent risks of marine tourism activities, so long as the warning contained in § 28.2-1107<\/a> is posted as required, and, except as provided in subsection B, no participant<\/span> or participant<\/span>’s representative is authorized to maintain an action against or recover from a marine tourism professional<\/span> for injury, loss, damage, or death of the participant<\/span> resulting exclusively from any of the inherent risks of marine tourism activities; provided that in any action for damages<\/span> against a marine tourism professional<\/span> for marine tourism activities, the marine tourism professional<\/span> shall plead the affirmative defense<\/span> of assumption of the risk of the marine tourism activity<\/span> by the participant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in subsection A shall prevent or limit the liability of a marine tourism professional<\/span> if the marine tourism professional<\/span> does any one or more of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Commits an act or omission that constitutes negligence<\/span> or willful or wanton disregard for the safety of the participant<\/span>, and that act or omission proximately causes injury, damage, or death to the participant<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has actual knowledge or reasonably should have known of a dangerous condition on the land or water, or in the facilities or equipment used in the activity, or the dangerous propensity of a particular marine product used in such activity and does not make the danger known to the participant<\/span>, and the danger proximately causes injury, damage, or death to the participant<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Intentionally injures the participant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any limitation on legal liability afforded by this section to a marine tourism professional<\/span> is in addition to any other limitations of legal liability otherwise provided by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY LIMITED; LIABILITY ACTIONS PROHIBITED (\u00a7 28.2-1106)\n\nA. Except as provided in subsection B, a marine tourism professional is not\nliable for injury to or death of a participant resulting from the inherent risks\nof marine tourism activities, so long as the warning contained in §\n28.2-1107 is posted as required, and, except as provided in subsection B, no\nparticipant or participant’s representative is authorized to maintain an\naction against or recover from a marine tourism professional for injury, loss,\ndamage, or death of the participant resulting exclusively from any of the\ninherent risks of marine tourism activities; provided that in any action for\ndamages against a marine tourism professional for marine tourism activities, the\nmarine tourism professional shall plead the affirmative defense of assumption of\nthe risk of the marine tourism activity by the participant.\n\nB. Nothing in subsection A shall prevent or limit the liability of a marine\ntourism professional if the marine tourism professional does any one or more of\nthe following:\n\n 1. Commits an act or omission that constitutes negligence or willful or wanton\n disregard for the safety of the participant, and that act or omission\n proximately causes injury, damage, or death to the participant;\n\n 2. Has actual knowledge or reasonably should have known of a dangerous\n condition on the land or water, or in the facilities or equipment used in the\n activity, or the dangerous propensity of a particular marine product used in\n such activity and does not make the danger known to the participant, and the\n danger proximately causes injury, damage, or death to the participant; or\n\n 3. Intentionally injures the participant.\n\nC. Any limitation on legal liability afforded by this section to a marine\ntourism professional is in addition to any other limitations of legal liability\notherwise provided by law.\n\nHISTORY: 2009, c. 329.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}