{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-195.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-195.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-195.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-195.3.html"}],"law_id":56248,"edition_id":1,"section_id":56248,"structure_id":14469,"section_number":"8.01-195.3","catch_line":"Commonwealth, transportation district or locality liable for damages in certain cases","history":"1981, c. 449; 1982, c. 397; 1986, c. 584; 1988, c. 884; 1989, c. 446; 1993, c. 481; 1998, cc. 203, 820; 2007, c. 250.","full_text":"Subject to the provisions of this article, the Commonwealth shall be liable for claims for money only accruing on or after July 1, 1982, and any transportation district shall be liable for claims for money only accruing on or after July 1, 1986, on account of damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee while acting within the scope of his employment under circumstances where the Commonwealth or transportation district, if a private person, would be liable to the claimant for such damage, loss, injury or death. However, except to the extent that a transportation district contracts to do so pursuant to \u00a7 33.2-1919, neither the Commonwealth nor any transportation district shall be liable for interest prior to judgment or for punitive damages. The amount recoverable by any claimant shall not exceed (i) $25,000 for causes of action accruing prior to July 1, 1988, $75,000 for causes of action accruing on or after July 1, 1988, or $100,000 for causes of action accruing on or after July 1, 1993, or (ii) the maximum limits of any liability policy maintained to insure against such negligence or other tort, if such policy is in force at the time of the act or omission complained of, whichever is greater, exclusive of interest and costs.\n\t\tNotwithstanding any provision hereof, the individual immunity of judges, the Attorney General, attorneys for the Commonwealth, and other public officers, their agents and employees from tort claims for damages is hereby preserved to the extent and degree that such persons presently are immunized. Any recovery based on the following claims are hereby excluded from the provisions of this article:\n\n1\n\nAny claim against the Commonwealth based upon an act or omission which occurred prior to July 1, 1982.\n\t\t\t1a. Any claim against a transportation district based upon an act or omission which occurred prior to July 1, 1986.2\n\nAny claim based upon an act or omission of the General Assembly or district commission of any transportation district, or any member or staff thereof acting in his official capacity, or to the legislative function of any agency subject to the provisions of this article.3\n\nAny claim based upon an act or omission of any court of the Commonwealth, or any member thereof acting in his official capacity, or to the judicial functions of any agency subject to the provisions of this article.4\n\nAny claim based upon an act or omission of an officer, agent or employee of any agency of government in the execution of a lawful order of any court.5\n\nAny claim arising in connection with the assessment or collection of taxes.6\n\nAny claim arising out of the institution or prosecution of any judicial or administrative proceeding, even if without probable cause.7\n\nAny claim by an inmate of a state correctional facility, as defined in § 53.1-1, unless the claimant verifies under oath, by affidavit, that he has exhausted his remedies under the adult institutional inmate grievance procedures promulgated by the Department of Corrections. The time for filing the notice of tort claim shall be tolled during the pendency of the grievance procedure.\n\t\t\tNothing contained herein shall operate to reduce or limit the extent to which the Commonwealth or any transportation district, agency or employee was deemed liable for negligence as of July 1, 1982, nor shall any provision of this article be applicable to any county, city or town in the Commonwealth or be so construed as to remove or in any way diminish the sovereign immunity of any county, city or town in the Commonwealth.","order_by":null,"text":{"0":{"id":206013,"text":"Subject to the provisions of this article, the Commonwealth shall be liable for claims for money only accruing on or after July 1, 1982, and any transportation district shall be liable for claims for money only accruing on or after July 1, 1986, on account of damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee while acting within the scope of his employment under circumstances where the Commonwealth or transportation district, if a private person, would be liable to the claimant for such damage, loss, injury or death. However, except to the extent that a transportation district contracts to do so pursuant to \u00a7 33.2-1919, neither the Commonwealth nor any transportation district shall be liable for interest prior to judgment or for punitive damages. The amount recoverable by any claimant shall not exceed (i) $25,000 for causes of action accruing prior to July 1, 1988, $75,000 for causes of action accruing on or after July 1, 1988, or $100,000 for causes of action accruing on or after July 1, 1993, or (ii) the maximum limits of any liability policy maintained to insure against such negligence or other tort, if such policy is in force at the time of the act or omission complained of, whichever is greater, exclusive of interest and costs.\n\t\tNotwithstanding any provision hereof, the individual immunity of judges, the Attorney General, attorneys for the Commonwealth, and other public officers, their agents and employees from tort claims for damages is hereby preserved to the extent and degree that such persons presently are immunized. Any recovery based on the following claims are hereby excluded from the provisions of this article:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":206014,"text":"Any claim against the Commonwealth based upon an act or omission which occurred prior to July 1, 1982.\n\t\t\t1a. Any claim against a transportation district based upon an act or omission which occurred prior to July 1, 1986.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":206015,"text":"Any claim based upon an act or omission of the General Assembly or district commission of any transportation district, or any member or staff thereof acting in his official capacity, or to the legislative function of any agency subject to the provisions of this article.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":206016,"text":"Any claim based upon an act or omission of any court of the Commonwealth, or any member thereof acting in his official capacity, or to the judicial functions of any agency subject to the provisions of this article.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":206017,"text":"Any claim based upon an act or omission of an officer, agent or employee of any agency of government in the execution of a lawful order of any court.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":206018,"text":"Any claim arising in connection with the assessment or collection of taxes.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":206019,"text":"Any claim arising out of the institution or prosecution of any judicial or administrative proceeding, even if without probable cause.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":206020,"text":"Any claim by an inmate of a state correctional facility, as defined in § 53.1-1, unless the claimant verifies under oath, by affidavit, that he has exhausted his remedies under the adult institutional inmate grievance procedures promulgated by the Department of Corrections. The time for filing the notice of tort claim shall be tolled during the pendency of the grievance procedure.\n\t\t\tNothing contained herein shall operate to reduce or limit the extent to which the Commonwealth or any transportation district, agency or employee was deemed liable for negligence as of July 1, 1982, nor shall any provision of this article be applicable to any county, city or town in the Commonwealth or be so construed as to remove or in any way diminish the sovereign immunity of any county, city or town in the Commonwealth.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":14469,"edition_id":1,"name":"Tort Claims Against the Commonwealth of Virginia","identifier":"18.1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:14","date_modified":"2026-06-26 03:48:14","permalink":{"id":280153,"object_type":"structure","relational_id":14469,"identifier":"18.1","token":"8.01\/3\/18.1","url":"\/8.01\/3\/18.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86997,"structure_id":14469,"section_number":"8.01-195.1","catch_line":"Short title","url":"\/8.01-195.1\/","token":"8.01\/3\/18.1\/8.01-195.1","metadata":false},{"id":86308,"structure_id":14469,"section_number":"8.01-195.2","catch_line":"Definitions","url":"\/8.01-195.2\/","token":"8.01\/3\/18.1\/8.01-195.2","metadata":false},{"id":56248,"structure_id":14469,"section_number":"8.01-195.3","catch_line":"Commonwealth, transportation district or locality liable for damages in certain cases","url":"\/8.01-195.3\/","token":"8.01\/3\/18.1\/8.01-195.3","metadata":false},{"id":65418,"structure_id":14469,"section_number":"8.01-195.4","catch_line":"Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality; amending amount of claim","url":"\/8.01-195.4\/","token":"8.01\/3\/18.1\/8.01-195.4","metadata":false},{"id":69702,"structure_id":14469,"section_number":"8.01-195.5","catch_line":"Settlement of certain cases","url":"\/8.01-195.5\/","token":"8.01\/3\/18.1\/8.01-195.5","metadata":false},{"id":87294,"structure_id":14469,"section_number":"8.01-195.6","catch_line":"Notice of claim","url":"\/8.01-195.6\/","token":"8.01\/3\/18.1\/8.01-195.6","metadata":false},{"id":69511,"structure_id":14469,"section_number":"8.01-195.7","catch_line":"Statute of limitations","url":"\/8.01-195.7\/","token":"8.01\/3\/18.1\/8.01-195.7","metadata":false},{"id":72570,"structure_id":14469,"section_number":"8.01-195.8","catch_line":"Release of further claims","url":"\/8.01-195.8\/","token":"8.01\/3\/18.1\/8.01-195.8","metadata":false},{"id":55852,"structure_id":14469,"section_number":"8.01-195.9","catch_line":"Claims evaluation program","url":"\/8.01-195.9\/","token":"8.01\/3\/18.1\/8.01-195.9","metadata":false}],"previous_section":{"id":86308,"structure_id":14469,"section_number":"8.01-195.2","catch_line":"Definitions","url":"\/8.01-195.2\/","token":"8.01\/3\/18.1\/8.01-195.2","metadata":false},"next_section":{"id":65418,"structure_id":14469,"section_number":"8.01-195.4","catch_line":"Jurisdiction of claims under this article; right to jury trial; service on Commonwealth or locality; amending amount of claim","url":"\/8.01-195.4\/","token":"8.01\/3\/18.1\/8.01-195.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-195.3\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 449 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. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 397; in 1986, chapter 584; in 1988, chapter 884; in 1989, chapter 446; in 1993, chapter 481; in 1998, chapters 203<\/a> and 820<\/a>; in 2007, chapter 250<\/a>.<\/p>","references":[{"id":83467,"section_number":"33.2-1919","catch_line":"Additional powers","order_by":null,"url":"\/33.2-1919\/"},{"id":87294,"section_number":"8.01-195.6","catch_line":"Notice of claim","order_by":null,"url":"\/8.01-195.6\/"}],"refers_to":[{"id":83467,"section_number":"33.2-1919","catch_line":"Additional powers","order_by":null,"url":"\/33.2-1919\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"}],"permalink":{"id":280163,"object_type":"law","relational_id":56248,"identifier":"8.01-195.3","token":"8.01\/3\/18.1\/8.01-195.3","url":"\/8.01-195.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-195.3\/","token":"8.01\/3\/18.1\/8.01-195.3","dublin_core":{"Title":"Commonwealth, transportation district or locality liable for damages in certain cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-195.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Subject to the provisions of this article, the Commonwealth shall be liable for claims for money only accruing on or after July 1, 1982, and any transportation district shall be liable for claims for money only accruing on or after July 1, 1986, on account of damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee<\/span> while acting within the scope of his employment under circumstances where the Commonwealth or transportation district, if a private person<\/span>, would be liable to the claimant for such damage, loss, injury or death. However, except to the extent that a transportation district contracts<\/span> to do so pursuant to \u00a7 33.2-1919<\/a>, neither the Commonwealth nor any transportation district shall be liable for interest prior to judgment<\/span> or for punitive damages<\/span>. The amount recoverable by any claimant shall not exceed (i) $25,000 for causes of action<\/span> accruing prior to July 1, 1988, $75,000 for causes of action<\/span> accruing on or after July 1, 1988, or $100,000 for causes of action<\/span> accruing on or after July 1, 1993, or (ii) the maximum limits of any liability policy maintained to insure against such negligence<\/span> or other tort<\/span>, if such policy is in force at the time of the act or omission complained of, whichever is greater, exclusive of interest and costs.\n\t\tNotwithstanding any provision hereof, the individual immunity of judges<\/span>, the Attorney General<\/span>, attorneys for the Commonwealth, and other public officers, their agents and employees<\/span> from tort<\/span> claims for damages<\/span> is hereby preserved to the extent and degree that such persons<\/span> presently are immunized. Any recovery based on the following claims are hereby excluded from the provisions of this article:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any claim against the Commonwealth based upon an act or omission which occurred prior to July 1, 1982.\n\t\t\t1a. Any claim against a transportation district based upon an act or omission which occurred prior to July 1, 1986. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any claim based upon an act or omission of the General Assembly or district commission of any transportation district, or any member or staff thereof acting in his official capacity, or to the legislative function of any agency<\/span> subject to the provisions of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any claim based upon an act or omission of any court<\/span> of the Commonwealth, or any member thereof acting in his official capacity, or to the judicial functions of any agency<\/span> subject to the provisions of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any claim based upon an act or omission of an officer, agent or employee<\/span> of any agency<\/span> of government in the execution of a lawful order<\/span> of any court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any claim arising in connection with the assessment or collection of taxes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any claim arising out of the institution or prosecution<\/span> of any judicial or administrative proceeding, even if without probable cause<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any claim by an inmate of a state correctional facility, as defined in § 53.1-1<\/a>, unless the claimant verifies under oath<\/span>, by affidavit<\/span>, that he has exhausted his remedies under the adult institutional inmate grievance procedures promulgated by the Department of Corrections. The time for filing the notice of tort<\/span> claim shall be tolled during the pendency of the grievance procedure.\n\t\t\tNothing contained herein shall operate to reduce or limit the extent to which the Commonwealth or any transportation district, agency<\/span> or employee<\/span> was deemed liable for negligence<\/span> as of July 1, 1982, nor shall any provision of this article be applicable to any county, city or town in the Commonwealth or be so construed as to remove or in any way diminish the sovereign immunity of any county, city or town in the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMONWEALTH, TRANSPORTATION DISTRICT OR LOCALITY LIABLE FOR DAMAGES IN CERTAIN\nCASES (\u00a7 8.01-195.3)\n\nSubject to the provisions of this article, the Commonwealth shall be liable for\nclaims for money only accruing on or after July 1, 1982, and any transportation\ndistrict shall be liable for claims for money only accruing on or after July 1,\n1986, on account of damage to or loss of property or personal injury or death\ncaused by the negligent or wrongful act or omission of any employee while acting\nwithin the scope of his employment under circumstances where the Commonwealth or\ntransportation district, if a private person, would be liable to the claimant\nfor such damage, loss, injury or death. However, except to the extent that a\ntransportation district contracts to do so pursuant to \u00a7 33.2-1919, neither the\nCommonwealth nor any transportation district shall be liable for interest prior\nto judgment or for punitive damages. The amount recoverable by any claimant\nshall not exceed (i) $25,000 for causes of action accruing prior to July 1,\n1988, $75,000 for causes of action accruing on or after July 1, 1988, or\n$100,000 for causes of action accruing on or after July 1, 1993, or (ii) the\nmaximum limits of any liability policy maintained to insure against such\nnegligence or other tort, if such policy is in force at the time of the act or\nomission complained of, whichever is greater, exclusive of interest and costs.\n\t\tNotwithstanding any provision hereof, the individual immunity of judges, the\nAttorney General, attorneys for the Commonwealth, and other public officers,\ntheir agents and employees from tort claims for damages is hereby preserved to\nthe extent and degree that such persons presently are immunized. Any recovery\nbased on the following claims are hereby excluded from the provisions of this\narticle:\n\n1. Any claim against the Commonwealth based upon an act or omission which\noccurred prior to July 1, 1982.\n\t\t\t1a. Any claim against a transportation district based upon an act or omission\nwhich occurred prior to July 1, 1986.\n\n2. Any claim based upon an act or omission of the General Assembly or district\ncommission of any transportation district, or any member or staff thereof acting\nin his official capacity, or to the legislative function of any agency subject\nto the provisions of this article.\n\n3. Any claim based upon an act or omission of any court of the Commonwealth, or\nany member thereof acting in his official capacity, or to the judicial functions\nof any agency subject to the provisions of this article.\n\n4. Any claim based upon an act or omission of an officer, agent or employee of\nany agency of government in the execution of a lawful order of any court.\n\n5. Any claim arising in connection with the assessment or collection of taxes.\n\n6. Any claim arising out of the institution or prosecution of any judicial or\nadministrative proceeding, even if without probable cause.\n\n7. Any claim by an inmate of a state correctional facility, as defined in §\n53.1-1, unless the claimant verifies under oath, by affidavit, that he has\nexhausted his remedies under the adult institutional inmate grievance procedures\npromulgated by the Department of Corrections. The time for filing the notice of\ntort claim shall be tolled during the pendency of the grievance procedure.\n\t\t\tNothing contained herein shall operate to reduce or limit the extent to which\nthe Commonwealth or any transportation district, agency or employee was deemed\nliable for negligence as of July 1, 1982, nor shall any provision of this\narticle be applicable to any county, city or town in the Commonwealth or be so\nconstrued as to remove or in any way diminish the sovereign immunity of any\ncounty, city or town in the Commonwealth.\n\nHISTORY: 1981, c. 449; 1982, c. 397; 1986, c. 584; 1988, c. 884; 1989, c. 446;\n1993, c. 481; 1998, cc. 203, 820; 2007, c. 250.","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}}