                                 CODE OF VIRGINIA

LIABILITY LIMITED; LIABILITY ACTIONS PROHIBITED (§ 55.1-2224)

A. Except as provided in subsection B, a project professional is not liable for
injury to or death of a participant resulting from the inherent risks of project
activity, so long as the warning contained in &#xA7; 55.1-2225 is posted as
required. Except as provided in subsection B, no participant or
participant&#8217;s representative may maintain an action against or recover
from a project professional for injury, loss, damage, or death of the
participant resulting exclusively from any of the inherent risks of project
activity, provided that in any action for damages against a project professional
for a project activity, the project professional shall plead the affirmative
defense of assumption of the inherent risks of project activity by the
participant.

B. Nothing in subsection A shall prevent or limit the liability of a project
professional if the project 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 project
   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 a project
professional is in addition to any other limitations of legal liability
otherwise provided by law.

HISTORY: 2007, c. 267, § 55-376.3; 2019, c. 712.