                                 CODE OF VIRGINIA

DUTY OF CARE AND LIABILITY FOR DAMAGES OF OWNERS OF PRIVATE LANDING AREAS (§
5.1-7.3)

A. For the purposes of this section:
			&#8220;Fee&#8221; means any payment or payments of money to a landowner for
use of the premises or in order to engage in any activity described in
subsections B and C, but does not include any action taken by another to improve
the land or access to the land for the purposes set forth in subsections B and C
or to remedy damage caused by such uses.
			&#8220;Land&#8221; or &#8220;premises&#8221; means any privately owned area
for landing any aircraft, that is not open to the general public, and that is
registered with the Department and the Federal Aviation Administration pursuant
to &#xA7; 5.1-7.2.
			&#8220;Landowner&#8221; means the legal title holder, lessee, occupant, or
any other person in control of the land or premises.

B. A landowner shall not be liable for ordinary negligence related to conditions
on his premises that proximately cause damage to property or injury to occupants
of an aircraft or ultralight vehicle landing on or taking off from such
premises, provided that no commercial operation is being conducted on or about
the premises.

C. Any landowner who gives permission, express or implied, to another person to
operate aircraft or ultralight vehicles of any type for the personal use of such
person or for the use of an easement as set forth in subsection B does not
thereby:

   1. Impliedly or expressly represent that the premises are safe for such
   purposes;

   2. Grant invitee status or its corresponding duty of care to the person to
   whom such permission has been granted; or

   3. Assume responsibility for or incur liability for any intentional or
   negligent acts of such person or any other person, except as provided in
   subsection D.

D. Nothing contained in this section shall limit the liability of a landowner
that may otherwise arise or exist by reason of his gross negligence or willful
or malicious failure to guard or warn against a dangerous condition, use,
structure, or activity. The provisions of this section shall not limit the
liability of a landowner that may otherwise arise or exist when the landowner
receives a fee for use of the premises or to engage in any activity described in
subsection B or C. Nothing contained in this section shall relieve any landowner
who sponsors or conducts any event or competition of the duty to exercise
ordinary care in such events.

HISTORY: 2012, c. 302.