{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-226.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-226.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-226.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-226.html"}],"law_id":61793,"edition_id":1,"section_id":61793,"structure_id":13673,"section_number":"8.01-226","catch_line":"Duty of care to law-enforcement officers, firefighters, etc","history":"1987, c. 442; 1992, c. 731; 1996, cc. 646, 660; 2000, c. 962; 2017, c. 315.","full_text":"A\n\nAn owner or occupant of real property containing premises normally open to the public shall, with respect to such premises, owe to firefighters, Department of Emergency Management hazardous materials officers, nonfirefighter regional hazardous materials emergency response team members, and law-enforcement officers who in the performance of their duties come upon that portion of the premises normally open to the public the duty to maintain the same in a reasonably safe condition or to warn of dangers thereon of which he knows or has reason to know, whether or not such premises are at the time open to the public.\n\t\t\tAn owner or occupant of real property containing premises not normally open to the public shall, with respect to such premises, owe the same duty to firefighters, Department of Emergency Management hazardous materials officers, nonfirefighter regional hazardous materials emergency response team members, and law-enforcement officers who he knows or has reason to know are upon, about to come upon, or imminently likely to come upon that portion of the premises not normally open to the public.\n\t\t\tWhile otherwise engaged in the performance of his duties, a law-enforcement officer, Department of Emergency Management hazardous materials officer, nonfirefighter regional hazardous materials emergency response team member, or firefighter shall be owed a duty of ordinary care.\n\t\t\tThe common-law doctrine known as the fireman’s rule, a doctrine that limits a defendant’s liability for otherwise culpable conduct resulting in property damage and injuries to the public officials named in this section, shall not be a defense to claims (i) against third parties whose negligent acts did not give rise to the emergency to which such public official is responding and who were not occupiers of the premises where such emergency arose and injuries occurred; (ii) arising out of further acts of negligence separate and apart from the negligent acts that gave rise to the emergency to which such public official is responding; (iii) based upon a violation of a statutory duty created for the express benefit of such public official; or (iv) against parties whose conduct qualifies as an intentional tort, gross negligence, or willful or wanton misconduct.B\n\nFor purposes of this section, “law-enforcement officers” means only police officers, sheriffs, and deputy sheriffs and “firefighters” includes (i) emergency medical personnel and (ii) special forest wardens designated pursuant to § 10.1-1135.","order_by":null,"text":{"0":{"id":225657,"text":"An owner or occupant of real property containing premises normally open to the public shall, with respect to such premises, owe to firefighters, Department of Emergency Management hazardous materials officers, nonfirefighter regional hazardous materials emergency response team members, and law-enforcement officers who in the performance of their duties come upon that portion of the premises normally open to the public the duty to maintain the same in a reasonably safe condition or to warn of dangers thereon of which he knows or has reason to know, whether or not such premises are at the time open to the public.\n\t\t\tAn owner or occupant of real property containing premises not normally open to the public shall, with respect to such premises, owe the same duty to firefighters, Department of Emergency Management hazardous materials officers, nonfirefighter regional hazardous materials emergency response team members, and law-enforcement officers who he knows or has reason to know are upon, about to come upon, or imminently likely to come upon that portion of the premises not normally open to the public.\n\t\t\tWhile otherwise engaged in the performance of his duties, a law-enforcement officer, Department of Emergency Management hazardous materials officer, nonfirefighter regional hazardous materials emergency response team member, or firefighter shall be owed a duty of ordinary care.\n\t\t\tThe common-law doctrine known as the fireman’s rule, a doctrine that limits a defendant’s liability for otherwise culpable conduct resulting in property damage and injuries to the public officials named in this section, shall not be a defense to claims (i) against third parties whose negligent acts did not give rise to the emergency to which such public official is responding and who were not occupiers of the premises where such emergency arose and injuries occurred; (ii) arising out of further acts of negligence separate and apart from the negligent acts that gave rise to the emergency to which such public official is responding; (iii) based upon a violation of a statutory duty created for the express benefit of such public official; or (iv) against parties whose conduct qualifies as an intentional tort, gross negligence, or willful or wanton misconduct.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225658,"text":"For purposes of this section, “law-enforcement officers” means only police officers, sheriffs, and deputy sheriffs and “firefighters” includes (i) emergency medical personnel and (ii) special forest wardens designated pursuant to § 10.1-1135.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","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":85637,"structure_id":13673,"section_number":"8.01-218","catch_line":"Replevin abolished","url":"\/8.01-218\/","token":"8.01\/3\/21\/8.01-218","metadata":false},{"id":63478,"structure_id":13673,"section_number":"8.01-219","catch_line":"Effect of judgment in trover","url":"\/8.01-219\/","token":"8.01\/3\/21\/8.01-219","metadata":false},{"id":69240,"structure_id":13673,"section_number":"8.01-219.1","catch_line":"Responsibility of possessor of real property for harm to 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actions for damages from blasting, etc","url":"\/8.01-224\/","token":"8.01\/3\/21\/8.01-224","metadata":false},{"id":72312,"structure_id":13673,"section_number":"8.01-225","catch_line":"Persons rendering emergency care, obstetrical services exempt from liability","url":"\/8.01-225\/","token":"8.01\/3\/21\/8.01-225","metadata":false},{"id":86816,"structure_id":13673,"section_number":"8.01-225.01","catch_line":"Certain immunity for health care providers during disasters under specific circumstances","url":"\/8.01-225.01\/","token":"8.01\/3\/21\/8.01-225.01","metadata":false},{"id":54649,"structure_id":13673,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","url":"\/8.01-225.02\/","token":"8.01\/3\/21\/8.01-225.02","metadata":false},{"id":74491,"structure_id":13673,"section_number":"8.01-225.03","catch_line":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","url":"\/8.01-225.03\/","token":"8.01\/3\/21\/8.01-225.03","metadata":false},{"id":79175,"structure_id":13673,"section_number":"8.01-225.1","catch_line":"Immunity for team physicians","url":"\/8.01-225.1\/","token":"8.01\/3\/21\/8.01-225.1","metadata":false},{"id":59977,"structure_id":13673,"section_number":"8.01-225.2","catch_line":"Immunity for those rendering emergency care to animals","url":"\/8.01-225.2\/","token":"8.01\/3\/21\/8.01-225.2","metadata":false},{"id":63782,"structure_id":13673,"section_number":"8.01-225.3","catch_line":"Immunity for volunteer first responders en route to an emergency","url":"\/8.01-225.3\/","token":"8.01\/3\/21\/8.01-225.3","metadata":false},{"id":61793,"structure_id":13673,"section_number":"8.01-226","catch_line":"Duty of care to law-enforcement officers, firefighters, 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mold","url":"\/8.01-226.12\/","token":"8.01\/3\/21\/8.01-226.12","metadata":false},{"id":55958,"structure_id":13673,"section_number":"8.01-226.13","catch_line":"Limited standing to seek injunctive relief against manufacturing companies","url":"\/8.01-226.13\/","token":"8.01\/3\/21\/8.01-226.13","metadata":false},{"id":55544,"structure_id":13673,"section_number":"8.01-226.2","catch_line":"Civil immunity for licensed professional engineers and licensed architects participating in rescue or relief assistance","url":"\/8.01-226.2\/","token":"8.01\/3\/21\/8.01-226.2","metadata":false},{"id":61582,"structure_id":13673,"section_number":"8.01-226.3","catch_line":"Civil immunity for officers, directors and members of certain crime information-gathering organizations","url":"\/8.01-226.3\/","token":"8.01\/3\/21\/8.01-226.3","metadata":false},{"id":82193,"structure_id":13673,"section_number":"8.01-226.4","catch_line":"Civil immunity for hospice volunteers","url":"\/8.01-226.4\/","token":"8.01\/3\/21\/8.01-226.4","metadata":false},{"id":61924,"structure_id":13673,"section_number":"8.01-226.5","catch_line":"Immunity for installers and inspectors of child restraint devices","url":"\/8.01-226.5\/","token":"8.01\/3\/21\/8.01-226.5","metadata":false},{"id":64301,"structure_id":13673,"section_number":"8.01-226.5:1","catch_line":"Civil immunity for school board employees supervising self-administration of certain medication","url":"\/8.01-226.5_1\/","token":"8.01\/3\/21\/8.01-226.5_1","metadata":false},{"id":77445,"structure_id":13673,"section_number":"8.01-226.5:2","catch_line":"Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants","url":"\/8.01-226.5_2\/","token":"8.01\/3\/21\/8.01-226.5_2","metadata":false},{"id":67620,"structure_id":13673,"section_number":"8.01-226.6","catch_line":"Repealed","url":"\/8.01-226.6\/","token":"8.01\/3\/21\/8.01-226.6","metadata":false},{"id":79443,"structure_id":13673,"section_number":"8.01-226.7","catch_line":"Owner and agent compliance with residential lead-based paint notification; maintenance immunity","url":"\/8.01-226.7\/","token":"8.01\/3\/21\/8.01-226.7","metadata":false},{"id":76775,"structure_id":13673,"section_number":"8.01-226.8","catch_line":"Civil immunity for public and nonprofit corporation officials and private volunteers participating in certain programs for probationers","url":"\/8.01-226.8\/","token":"8.01\/3\/21\/8.01-226.8","metadata":false},{"id":81275,"structure_id":13673,"section_number":"8.01-226.9","catch_line":"Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting","url":"\/8.01-226.9\/","token":"8.01\/3\/21\/8.01-226.9","metadata":false},{"id":67597,"structure_id":13673,"section_number":"8.01-227","catch_line":"Remedy by motion on certain bonds given or taken by officers; notice","url":"\/8.01-227\/","token":"8.01\/3\/21\/8.01-227","metadata":false}],"previous_section":{"id":63782,"structure_id":13673,"section_number":"8.01-225.3","catch_line":"Immunity for volunteer first responders en route to an emergency","url":"\/8.01-225.3\/","token":"8.01\/3\/21\/8.01-225.3","metadata":false},"next_section":{"id":69442,"structure_id":13673,"section_number":"8.01-226.1","catch_line":"Civil immunity when participating in Lawyers Helping Lawyers","url":"\/8.01-226.1\/","token":"8.01\/3\/21\/8.01-226.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-226\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 442 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 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1992, chapter 731; in 1996, chapters 646<\/a> and 660<\/a>; in 2000, chapter 962<\/a>; in 2017, chapter 315<\/a>.<\/p>","references":false,"refers_to":[{"id":87311,"section_number":"10.1-1135","catch_line":"Appointment and compensation of forest wardens; oath; powers","order_by":null,"url":"\/10.1-1135\/"}],"permalink":{"id":280535,"object_type":"law","relational_id":61793,"identifier":"8.01-226","token":"8.01\/3\/21\/8.01-226","url":"\/8.01-226\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-226\/","token":"8.01\/3\/21\/8.01-226","dublin_core":{"Title":"Duty of care to law-enforcement officers, firefighters, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-226","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An owner or occupant of real property containing premises normally open to the public shall, with respect to such premises, owe to firefighters<\/span>, Department of Emergency Management hazardous materials<\/span> officers, nonfirefighter regional hazardous materials<\/span> emergency response team members, and law<\/span>-enforcement officers<\/span> who in the performance of their duties come upon that portion of the premises normally open to the public the duty to maintain the same in a reasonably safe condition or to warn of dangers thereon of which he knows or has reason to know, whether or not such premises are at the time open to the public.\n\t\t\tAn owner or occupant of real property containing premises not normally open to the public shall, with respect to such premises, owe the same duty to firefighters<\/span>, Department of Emergency Management hazardous materials<\/span> officers, nonfirefighter regional hazardous materials<\/span> emergency response team members, and law<\/span>-enforcement officers<\/span> who he knows or has reason to know are upon, about to come upon, or imminently likely to come upon that portion of the premises not normally open to the public.\n\t\t\tWhile otherwise engaged in the performance of his duties, a law<\/span>-enforcement officer, Department of Emergency Management hazardous materials<\/span> officer, nonfirefighter regional hazardous materials<\/span> emergency response team member, or firefighter shall be owed a duty of ordinary care.\n\t\t\tThe common-law<\/span> doctrine known as the fireman’s rule, a doctrine that limits a defendant<\/span>’s liability for otherwise culpable conduct resulting in property damage and injuries to the public officials named in this section, shall not be a defense to claims (i) against third parties whose negligent acts did not give rise to the emergency to which such public official is responding and who were not occupiers of the premises where such emergency arose and injuries occurred; (ii) arising out of further acts of negligence<\/span> separate and apart from the negligent acts that gave rise to the emergency to which such public official is responding; (iii) based upon a violation of a statutory duty created for the express benefit of such public official; or (iv) against parties whose conduct qualifies as an intentional tort<\/span>, gross negligence<\/span>, or willful or wanton misconduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section, “law<\/span>-enforcement officers<\/span>” means only police officers, sheriffs<\/span>, and deputy sheriffs<\/span> and “firefighters<\/span>” includes (i) emergency medical personnel and (ii) special forest wardens designated pursuant to § 10.1-1135<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF CARE TO LAW-ENFORCEMENT OFFICERS, FIREFIGHTERS, ETC (\u00a7 8.01-226)\n\nA. An owner or occupant of real property containing premises normally open to\nthe public shall, with respect to such premises, owe to firefighters, Department\nof Emergency Management hazardous materials officers, nonfirefighter regional\nhazardous materials emergency response team members, and law-enforcement\nofficers who in the performance of their duties come upon that portion of the\npremises normally open to the public the duty to maintain the same in a\nreasonably safe condition or to warn of dangers thereon of which he knows or has\nreason to know, whether or not such premises are at the time open to the public.\n\t\t\tAn owner or occupant of real property containing premises not normally open\nto the public shall, with respect to such premises, owe the same duty to\nfirefighters, Department of Emergency Management hazardous materials officers,\nnonfirefighter regional hazardous materials emergency response team members, and\nlaw-enforcement officers who he knows or has reason to know are upon, about to\ncome upon, or imminently likely to come upon that portion of the premises not\nnormally open to the public.\n\t\t\tWhile otherwise engaged in the performance of his duties, a law-enforcement\nofficer, Department of Emergency Management hazardous materials officer,\nnonfirefighter regional hazardous materials emergency response team member, or\nfirefighter shall be owed a duty of ordinary care.\n\t\t\tThe common-law doctrine known as the fireman’s rule, a doctrine that\nlimits a defendant’s liability for otherwise culpable conduct resulting in\nproperty damage and injuries to the public officials named in this section,\nshall not be a defense to claims (i) against third parties whose negligent acts\ndid not give rise to the emergency to which such public official is responding\nand who were not occupiers of the premises where such emergency arose and\ninjuries occurred; (ii) arising out of further acts of negligence separate and\napart from the negligent acts that gave rise to the emergency to which such\npublic official is responding; (iii) based upon a violation of a statutory duty\ncreated for the express benefit of such public official; or (iv) against parties\nwhose conduct qualifies as an intentional tort, gross negligence, or willful or\nwanton misconduct.\n\nB. For purposes of this section, “law-enforcement officers” means\nonly police officers, sheriffs, and deputy sheriffs and\n“firefighters” includes (i) emergency medical personnel and (ii)\nspecial forest wardens designated pursuant to § 10.1-1135.\n\nHISTORY: 1987, c. 442; 1992, c. 731; 1996, cc. 646, 660; 2000, c. 962; 2017, c.\n315.","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}}