{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/5.1-7.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/5.1-7.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/5.1-7.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/5.1-7.3.html"}],"law_id":86447,"edition_id":1,"section_id":86447,"structure_id":14181,"section_number":"5.1-7.3","catch_line":"Duty of care and liability for damages of owners of private landing areas","history":"2012, c. 302.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Fee” means any payment or payments of money to a landowner for use of the premises or in order to engage in any activity described in subsections B and C, but does not include any action taken by another to improve the land or access to the land for the purposes set forth in subsections B and C or to remedy damage caused by such uses.\n\t\t\t“Land” or “premises” means any privately owned area for landing any aircraft, that is not open to the general public, and that is registered with the Department and the Federal Aviation Administration pursuant to § 5.1-7.2.\n\t\t\t“Landowner” means the legal title holder, lessee, occupant, or any other person in control of the land or premises.B\n\nA landowner shall not be liable for ordinary negligence related to conditions on his premises that proximately cause damage to property or injury to occupants of an aircraft or ultralight vehicle landing on or taking off from such premises, provided that no commercial operation is being conducted on or about the premises.C\n\nAny landowner who gives permission, express or implied, to another person to operate aircraft or ultralight vehicles of any type for the personal use of such person or for the use of an easement as set forth in subsection B does not thereby:1\n\nImpliedly or expressly represent that the premises are safe for such purposes;2\n\nGrant invitee status or its corresponding duty of care to the person to whom such permission has been granted; or3\n\nAssume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.D\n\nNothing contained in this section shall limit the liability of a landowner that may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner that may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsection B or C. Nothing contained in this section shall relieve any landowner who sponsors or conducts any event or competition of the duty to exercise ordinary care in such events.","order_by":null,"text":{"0":{"id":309641,"text":"For the purposes of this section:\n\t\t\t“Fee” means any payment or payments of money to a landowner for use of the premises or in order to engage in any activity described in subsections B and C, but does not include any action taken by another to improve the land or access to the land for the purposes set forth in subsections B and C or to remedy damage caused by such uses.\n\t\t\t“Land” or “premises” means any privately owned area for landing any aircraft, that is not open to the general public, and that is registered with the Department and the Federal Aviation Administration pursuant to § 5.1-7.2.\n\t\t\t“Landowner” means the legal title holder, lessee, occupant, or any other person in control of the land or premises.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309642,"text":"A landowner shall not be liable for ordinary negligence related to conditions on his premises that proximately cause damage to property or injury to occupants of an aircraft or ultralight vehicle landing on or taking off from such premises, provided that no commercial operation is being conducted on or about the premises.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309643,"text":"Any landowner who gives permission, express or implied, to another person to operate aircraft or ultralight vehicles of any type for the personal use of such person or for the use of an easement as set forth in subsection B does not thereby:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":309644,"text":"Impliedly or expressly represent that the premises are safe for such purposes;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":309645,"text":"Grant invitee status or its corresponding duty of care to the person to whom such permission has been granted; or","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":309646,"text":"Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":309647,"text":"Nothing contained in this section shall limit the liability of a landowner that may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner that may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsection B or C. Nothing contained in this section shall relieve any landowner who sponsors or conducts any event or competition of the duty to exercise ordinary care in such events.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"ancestry":[{"id":14181,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14180,"metadata":{},"date_created":"2026-06-26 03:47:09","date_modified":"2026-06-26 03:47:09","permalink":{"id":233303,"object_type":"structure","relational_id":14181,"identifier":"1","token":"5.1\/1\/1","url":"\/5.1\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14180,"edition_id":1,"name":"Aircraft, Airmen and Airports Generally","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13105,"metadata":{},"date_created":"2026-06-26 03:47:09","date_modified":"2026-06-26 03:47:09","permalink":{"id":233301,"object_type":"structure","relational_id":14180,"identifier":"1","token":"5.1\/1","url":"\/5.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13105,"edition_id":1,"name":"Aviation","identifier":"5.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":233299,"object_type":"structure","relational_id":13105,"identifier":"5.1","token":"5.1","url":"\/5.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56783,"structure_id":14181,"section_number":"5.1-1","catch_line":"(Effective July 1, 2030) Definitions","url":"\/5.1-1\/","token":"5.1\/1\/1\/5.1-1","metadata":false},{"id":72513,"structure_id":14181,"section_number":"5.1-1.1","catch_line":"Creation of Department of Aviation","url":"\/5.1-1.1\/","token":"5.1\/1\/1\/5.1-1.1","metadata":false},{"id":65406,"structure_id":14181,"section_number":"5.1-1.2","catch_line":"Appointment of Director; 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This law was first created in 2012. The record of its establishment is cataloged in chapter 302<\/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":84447,"section_number":"5.1-7.2","catch_line":"Registration of private landing areas not within five miles of commercial airport","order_by":null,"url":"\/5.1-7.2\/"}],"permalink":{"id":233497,"object_type":"law","relational_id":86447,"identifier":"5.1-7.3","token":"5.1\/1\/1\/5.1-7.3","url":"\/5.1-7.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/5.1-7.3\/","token":"5.1\/1\/1\/5.1-7.3","dublin_core":{"Title":"Duty of care and liability for damages of owners of private landing areas","Type":"Text","Format":"text\/html","Identifier":"\u00a7 5.1-7.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Fee<\/span>” means any payment or payments of money to a landowner<\/span> for use of the premises<\/span> or in order<\/span> to engage in any activity described in subsections B and C, but does not include any action taken by another to improve the land<\/span> or access to the land<\/span> for the purposes set forth in subsections B and C or to remedy damage caused by such uses.\n\t\t\t“Land<\/span>” or “premises<\/span>” means any privately owned area for landing any aircraft<\/span>, that is not open to the general public, and that is registered with the Department<\/span> and the Federal Aviation Administration pursuant to § 5.1-7.2<\/a>.\n\t\t\t“Landowner<\/span>” means the legal title holder, lessee, occupant, or any other person<\/span> in control of the land<\/span> or premises<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A landowner<\/span> shall not be liable for ordinary negligence<\/span> related to conditions on his premises<\/span> that proximately cause damage to property or injury to occupants of an aircraft<\/span> or ultralight vehicle landing on or taking off from such premises<\/span>, provided that no commercial operation is being conducted on or about the premises<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any landowner<\/span> who gives permission, express or implied, to another person<\/span> to operate aircraft<\/span> or ultralight vehicles of any type for the personal use of such person<\/span> or for the use of an easement as set forth in subsection B does not thereby: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Impliedly or expressly represent that the premises<\/span> are safe for such purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Grant invitee status or its corresponding duty of care to the person<\/span> to whom such permission has been granted; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Assume responsibility for or incur liability for any intentional or negligent acts of such person<\/span> or any other person<\/span>, except as provided in subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing contained in this section shall limit the liability of a landowner<\/span> that may otherwise arise or exist by reason of his gross negligence<\/span> or willful or malicious<\/span> failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner<\/span> that may otherwise arise or exist when the landowner<\/span> receives a fee<\/span> for use of the premises<\/span> or to engage in any activity described in subsection B or C. Nothing contained in this section shall relieve any landowner<\/span> who sponsors or conducts any event or competition of the duty to exercise ordinary care in such events. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF CARE AND LIABILITY FOR DAMAGES OF OWNERS OF PRIVATE LANDING AREAS (\u00a7\n5.1-7.3)\n\nA. For the purposes of this section:\n\t\t\t“Fee” means any payment or payments of money to a landowner for\nuse of the premises or in order to engage in any activity described in\nsubsections B and C, but does not include any action taken by another to improve\nthe land or access to the land for the purposes set forth in subsections B and C\nor to remedy damage caused by such uses.\n\t\t\t“Land” or “premises” means any privately owned area\nfor landing any aircraft, that is not open to the general public, and that is\nregistered with the Department and the Federal Aviation Administration pursuant\nto § 5.1-7.2.\n\t\t\t“Landowner” means the legal title holder, lessee, occupant, or\nany other person in control of the land or premises.\n\nB. A landowner shall not be liable for ordinary negligence related to conditions\non his premises that proximately cause damage to property or injury to occupants\nof an aircraft or ultralight vehicle landing on or taking off from such\npremises, provided that no commercial operation is being conducted on or about\nthe premises.\n\nC. Any landowner who gives permission, express or implied, to another person to\noperate aircraft or ultralight vehicles of any type for the personal use of such\nperson or for the use of an easement as set forth in subsection B does not\nthereby:\n\n 1. Impliedly or expressly represent that the premises are safe for such\n purposes;\n\n 2. Grant invitee status or its corresponding duty of care to the person to\n whom such permission has been granted; or\n\n 3. Assume responsibility for or incur liability for any intentional or\n negligent acts of such person or any other person, except as provided in\n subsection D.\n\nD. Nothing contained in this section shall limit the liability of a landowner\nthat may otherwise arise or exist by reason of his gross negligence or willful\nor malicious failure to guard or warn against a dangerous condition, use,\nstructure, or activity. The provisions of this section shall not limit the\nliability of a landowner that may otherwise arise or exist when the landowner\nreceives a fee for use of the premises or to engage in any activity described in\nsubsection B or C. Nothing contained in this section shall relieve any landowner\nwho sponsors or conducts any event or competition of the duty to exercise\nordinary care in such events.\n\nHISTORY: 2012, c. 302.","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}}