                                 CODE OF VIRGINIA

LIABILITY LIMITED; LIABILITY ACTIONS PROHIBITED (§ 3.2-6401)

A. Except as provided in subsection B, an agritourism professional is not liable
for injury to or death of a participant resulting from the inherent risks of
agritourism activities, so long as the warning contained in &#xA7; 3.2-6402 is
posted as required and, except as provided in subsection B, no participant or
participant&#8217;s representative is authorized to maintain an action against
or recover from an agritourism professional for injury, loss, damage, or death
of the participant resulting exclusively from any of the inherent risks of
agritourism activities; provided that in any action for damages against an
agritourism professional for agritourism activity, the agritourism professional
shall plead the affirmative defense of assumption of the risk of agritourism
activity by the participant.

B. Nothing in subsection A shall prevent or limit the liability of an
agritourism professional if the agritourism professional does any one or more of
the following:

   1. 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;

   2. Has actual knowledge or reasonably should have known of a dangerous
   condition on the land or in the facilities or equipment used in the activity,
   or the dangerous propensity of a particular animal 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

   3. Intentionally injures the participant.

C. Any limitation on legal liability afforded by this section to an agritourism
professional is in addition to any other limitations of legal liability
otherwise provided by law.

HISTORY: 2006, c. 710, § 3.1-796.138; 2008, c. 860.