                                 CODE OF VIRGINIA

DUTY OF CARE TO LAW-ENFORCEMENT OFFICERS, FIREFIGHTERS, ETC (§ 8.01-226)

A. An owner or occupant of real property containing premises normally open to
the public shall, with respect to such premises, owe to firefighters, Department
of Emergency Management hazardous materials officers, nonfirefighter regional
hazardous materials emergency response team members, and law-enforcement
officers 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
firefighters, Department of Emergency Management hazardous materials officers,
nonfirefighter regional hazardous materials emergency response team members, and
law-enforcement officers 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 law-enforcement
officer, Department of Emergency Management hazardous materials officer,
nonfirefighter regional hazardous materials emergency response team member, or
firefighter shall be owed a duty of ordinary care.
			The common-law doctrine known as the fireman&#8217;s rule, a doctrine that
limits a defendant&#8217;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 negligence 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 tort, gross negligence, or willful or
wanton misconduct.

B. For purposes of this section, &#8220;law-enforcement officers&#8221; means
only police officers, sheriffs, and deputy sheriffs and
&#8220;firefighters&#8221; includes (i) emergency medical personnel and (ii)
special forest wardens designated pursuant to &#xA7; 10.1-1135.

HISTORY: 1987, c. 442; 1992, c. 731; 1996, cc. 646, 660; 2000, c. 962; 2017, c.
315.