                                 CODE OF VIRGINIA

ASSIGNMENT OF LIABILITY (§ 46.2-2099.42)

A. The operator of an excursion train shall be liable for personal injury or
wrongful death arising from the operation of such excursion train, including
operations, maintenance, and signalization of the tracks and facilities upon
which the excursion train operates.

B. Any county, city, or town may by resolution determine that the provision of
excursion train services within the locality promotes tourism and furthers other
public purposes. Any railroad company that authorizes the operator of an
excursion train to use its tracks and facilities for the purposes of this
article shall not be liable for personal injury or wrongful death arising from
the operation of such excursion train, including operations, maintenance, and
signalization of the tracks and facilities upon which the excursion train
operates.

C. The limitation of liability under subsection B does not apply if:

   1. The injury or damages result from intentional misconduct, malice, or gross
   negligence of the railroad company; or

   2. The operator of the excursion train was not operating in accordance with
   the definition of an excursion train under this chapter and the railroad
   company had otherwise authorized the operations that were inconsistent with
   this chapter.

D. Each passenger on the excursion train shall be deemed to have accepted and
consented to the limitation of liability under this section. This agreement
shall be governed by the laws of the Commonwealth as the place of performance
notwithstanding any choice of law rules to the contrary.

E. The railroad company may charge reasonable amounts to the operator of the
excursion train for the use of its tracks and facilities as determined by
agreement between the railroad company and the operator.

HISTORY: 2001, c. 596; 2016, c. 431.