This article shall be known and may be cited as the "Virginia Tort Claims Act."
§ 8.01-195.1.Short title.
Chapter 3. Actions · Article 18.1. Tort Claims Against the Commonwealth of Virginia · Last amended 1981 · Last verified July 16, 2026
In one sentenceSection 8.01-195.1 gives Article 18.1 its working name, the “Virginia Tort Claims Act,” the label courts, lawyers, and this article’s own later sections use to refer to the Commonwealth’s limited, statutory waiver of sovereign immunity for certain tort claims.
Full Text of § 8.01-195.1
Plain-English Summary
Section 8.01-195.1 does one job: it names Article 18.1 of Title 8.01 the “Virginia Tort Claims Act.” Before this article existed, Virginia followed the common-law rule that the Commonwealth could not be sued in tort without its own consent — a doctrine known as sovereign immunity. The General Assembly adopted this article in 1981 to open a narrow, carefully bounded path for people injured by the negligence of state employees to bring a claim against the Commonwealth itself.
The short title matters beyond convenience. Every later section in this article — the definitions, the liability standard, the damages caps, the notice and filing deadlines, the settlement authority — operates under this single name, and Virginia courts, practitioners, and the Code itself refer to the whole scheme by this title rather than by section number. Anyone researching whether the Commonwealth can be sued for an employee’s negligence starts here, with the name that ties the following sections together into one body of law.
Frequently Asked Questions
What is the Virginia Tort Claims Act?
It is the short name Section 8.01-195.1 gives to Article 18.1 of Title 8.01 of the Code of Virginia — the statute that lets people sue the Commonwealth for certain torts committed by state employees acting within the scope of their jobs.
Why did Virginia need a Tort Claims Act?
Under the common-law doctrine of sovereign immunity, the Commonwealth could not be sued in tort without its consent. This article, adopted in 1981, gives that consent for a defined category of claims, subject to strict limits on damages, deadlines, and the types of conduct covered.
Does naming the article change what claims can be brought against Virginia?
No. Section 8.01-195.1 only supplies the title used to refer to the article. The rules that define who can sue, for how much, and under what conditions appear in the sections that follow, starting with the definitions in Section 8.01-195.2.
When did the Virginia Tort Claims Act take effect?
The article was enacted in 1981, and Section 8.01-195.3 fixes the Commonwealth’s liability to claims accruing on or after July 1, 1982 (July 1, 1986, for transportation districts).
Where in the Code of Virginia is the Tort Claims Act found?
It runs from Section 8.01-195.1 through Section 8.01-195.9, as Article 18.1 of Chapter 3 of Title 8.01 — the Code’s chapter governing civil actions.
Amendment History
1981, c. 449.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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