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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61793</law_id><section_number>8.01-226</section_number><catch_line>Duty of care to law-enforcement officers, firefighters, etc</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="3">Actions</unit><unit label="article" level="3" order_by="1" identifier="21">Miscellaneous Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> An owner or occupant of real property containing premises normally open to the public shall, with respect to such premises, owe to <span class="dictionary">firefighters</span>, Department of Emergency Management hazardous <span class="dictionary">materials</span> officers, nonfirefighter regional hazardous <span class="dictionary">materials</span> emergency response team members, and <span class="dictionary"><span class="dictionary">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.
			An 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 <span class="dictionary">firefighters</span>, Department of Emergency Management hazardous <span class="dictionary">materials</span> officers, nonfirefighter regional hazardous <span class="dictionary">materials</span> emergency response team members, and <span class="dictionary"><span class="dictionary">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.
			While otherwise engaged in the performance of his duties, a <span class="dictionary">law</span>-enforcement officer, Department of Emergency Management hazardous <span class="dictionary">materials</span> officer, nonfirefighter regional hazardous <span class="dictionary">materials</span> emergency response team member, or firefighter shall be owed a duty of ordinary care.
			The common-<span class="dictionary">law</span> doctrine known as the fireman&#x2019;s rule, a doctrine that limits a <span class="dictionary">defendant</span>&#x2019;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 <span class="dictionary">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 <span class="dictionary">tort</span>, gross <span class="dictionary">negligence</span>, or willful or wanton misconduct. <a id="paragraph-225657" class="section-permalink" href="https://vacode.org/8.01-226/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> For purposes of this section, &#x201C;<span class="dictionary"><span class="dictionary">law</span>-enforcement officers</span>&#x201D; means only police officers, <span class="dictionary">sheriffs</span>, and deputy <span class="dictionary">sheriffs</span> and &#x201C;<span class="dictionary">firefighters</span>&#x201D; includes (i) emergency medical personnel and (ii) special forest wardens designated pursuant to &#xA7; <a class="law" title="Appointment and compensation of forest wardens; oath; powers" href="/10.1-1135/">10.1-1135</a>. <a id="paragraph-225658" class="section-permalink" href="https://vacode.org/8.01-226/#B"><i class="fa fa-link"/></a></p></section></text><history>1987, c. 442; 1992, c. 731; 1996, cc. 646, 660; 2000, c. 962; 2017, c. 315.</history><metadata></metadata></law>
